Yahya related to me from Malik from Yahya ibn Said and from Rabia ibn Abi Abd ar Rahman that al-Qasim ibn Muhammad used to recite behind the imam when the imam did not recite aloud.

A man came to the Prophet and said, "I beseech you to judge us according to Allah's Laws." Then his opponent who was wiser than he, got up and said, "He has spoken the truth. So judge us according to Allah's Laws and please allow me (to speak), O Allah's Apostle." The Prophet said, "Speak." He said, "My son was a laborer for the family of this man and he committed illegal sexual intercourse with his wife, and I gave one-hundred sheep and a slave as a ransom (for my son), but I asked the religious learned people (regarding this case), and they informed me that my son should be flogged onehundred stripes, and be exiled for one year, and the wife of this man should be stoned (to death)."The Prophet said, "By Him in Whose Hand my soul is, I will Judge you (in this case) according to Allah's Laws. The one-hundred (sheep) and the slave shall be returned to you and your son shall be flogged one-hundred stripes and be exiled for one year. And O Unais! Go in the morning to the wife of this man and ask her, and if she confesses, stone her to death." She confessed and he stoned her to death.

I heard Allah's Apostle saying, "While I was sleeping, I saw a bowl full of milk was brought to me and I drank of it (to my fill) till I noticed its wetness flowing (in my body). Then I gave the remaining of it to `Umar." They asked, "O Allah's Apostle! What have you interpreted (about the dream)? He said, "(It is Religious) knowledge." (See Hadith No. 134)

Allah's Apostle said, "While I was sleeping, I saw that a cup full of milk was brought to me and I drank my fill till I noticed (the milk) its wetness coming out of my nails. Then I gave the remaining milk to `Umar Ibn Al-Khattab" The companions of the Prophet asked, "What have you interpreted (about this dream)? "O Allah's Apostle ,!" he replied, "(It is religious) knowledge."

Allah's Apostle said, "Do not wish to be like anybody except in two cases: The case of a man whom Allah has given wealth and he spends it in the right way, and that of a man whom Allah has given religious wisdom (i.e., Qur'an and Sunna) and he gives his verdicts according to it and teaches it." (to others i.e., religious knowledge of Qur'an and Sunna (Prophet's Traditions)). "

Yahya related to me that Malik said, "The sunna concerning the time of prayer on the ids of Fitr and Adha - and there is no disagreement amongst us about it - is that the imam leaves his house and as soon as he has reached the place of prayer the prayer falls due."

Yahya said that Malik was asked whether a man who prayed with the imam could leave before the khutba, and he said, "He should not leave until the imam leaves."

`Abdullah used to give a religious talk to the people on every Thursday. Once a man said, "O Aba `Abdur-Rahman! (By Allah) I wish if you could preach us daily." He replied, "The only thing which prevents me from doing so, is that I hate to bore you, and no doubt I take care of you in preaching by selecting a suitable time just as the Prophet used to do with us, for fear of making us bored."

We were at a place which was a thoroughfare for the people, and the caravans used to pass by us and we would ask them, "What is wrong with the people? What is wrong with the people? Who is that man?. They would say, "That man claims that Allah has sent him (as an Apostle), that he has been divinely inspired, that Allah has revealed to him such-and-such." I used to memorize that (Divine) Talk, and feel as if it was inculcated in my chest (i.e. mind) And the 'Arabs (other than Quraish) delayed their conversion to Islam till the Conquest (of Mecca). They used to say." "Leave him (i.e. Muhammad) and his people Quraish: if he overpowers them then he is a true Prophet. So, when Mecca was conquered, then every tribe rushed to embrace Islam, and my father hurried to embrace Islam before (the other members of) my tribe. When my father returned (from the Prophet) to his tribe, he said, "By Allah, I have come to you from the Prophet for sure!" The Prophet afterwards said to them, 'Offer such-and-such prayer at such-and-such time, and when the time for the prayer becomes due, then one of you should pronounce the Adhan (for the prayer), and let the one amongst you who knows Qur'an most should, lead the prayer." So they looked for such a person and found none who knew more Qur'an than I because of the Qur'anic material which I used to learn from the caravans. They therefore made me their Imam ((to lead the prayer) and at that time I was a boy of six or seven years, wearing a Burda (i.e. a black square garment) proved to be very short for me (and my body became partly naked). A lady from the tribe said, "Won't you cover the anus of your reciter for us?" So they bought (a piece of cloth) and made a shirt for me. I had never been so happy with anything before as I was with that shirt.

I heard Allah's Apostle saying, "Allah does not take away the knowledge, by taking it away from (the hearts of) the people, but takes it away by the death of the religious learned men till when none of the (religious learned men) remains, people will take as their leaders ignorant persons who when consulted will give their verdict without knowledge. So they will go astray and will lead the people astray."

Yahya related to me from Malik from Nafi that when Abdullah ibn Umar missed anything of the prayer in which the imam recited out loud, he would stand up when the imam had said the taslim and recite what he owed out loud to himself.

When the delegates of the tribe of Hawazin came to the Prophet and they requested him to return their properties and captives. The Prophet stood up and said to them, "I have other people with me in this matter (as you see) and the most beloved statement to me is the true one; you may choose either the properties or the prisoners as I have delayed their distribution." The Prophet had waited for them for more than ten days since his arrival from Ta'if. So, when it became evident to them that the Prophet was not going to return them except one of the two, they said, "We choose our prisoners." The Prophet got up amongst the people and glorified and praised Allah as He deserved and said, "Then after, these brethren of yours have come to us with repentance, and I see it logical to return them the captives. So, whoever amongst you likes to do that as a favor, then he can do it, and whoever of you likes to stick to his share till we recompense him from the very first war booty which Allah will give us, then he can do so (i.e. give up the present captives)." The people unanimously said, "We do that (return the captives) willingly." The Prophet said, "We do not know which of you has agreed to it and which have not, so go back and let your leaders forward us your decision." So, all the people then went back and discussed the matter with their leaders who returned and informed the Prophet that all the people had willingly given their consent to return the captives. This is what has reached us about the captives of Hawazin. Narrated Anas that `Abbas said to the Prophet, "I paid for my ransom and `Aqil's ransom."

Yahya related to me from Malik from Muhammad ibn Amr ibn AIqama from Malik ibn Abdullah as-Sadi that Abu Hurayra said, "The one who raises his head and lowers it before the imam - his forelock is in the hand of a shaytan."

Malik said, concerning someone who forgot and raised his head before the imam in ruku or sujud, "The sunna of that is to return to bowing or prostrating and not to wait for the imam to come up. What he has done is a mistake, because the Messenger of Allah, may Allah bless him and grant him peace, said, 'The imam is appointed to be followed as a leader, so do not oppose him.' Abu Hurayra said, 'The one who raises his head and lowers it before the imam - his forelock is in the hand of a shaytan.' "

I said to Jabir bin Zaid, "The people claim that Allah's Apostle forbade the eating of donkey's meat." He said, "Al-Hakam bin `Amr Al-Ghifari used to say so when he was with us, but Ibn `Abbas, the great religious learned man, refused to give a final verdict and recited:-- 'Say: I find not in that which has been inspired to me anything forbidden to be eaten by one who wishes to eat it, unless it be carrion, blood poured forth or the flesh of swine...' (6.145)

Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."

Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."

Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."

3

(describing the Fear prayer): The Imam stands up facing the Qibla and one batch of them (i.e. the army) (out of the two) prays along with him and the other batch faces the enemy. The Imam offers one rak`a with the first batch they themselves stand up alone and offer one bowing and two prostrations while they are still in their place, and then go away to relieve the second batch, and the second batch comes (and takes the place of the first batch in the prayer behind the Imam) and he offers the second rak`a with them. So he completes his two-rak`at and then the second batch bows and prostrates two prostrations (i.e. complete their second rak`a and thus all complete their prayer).

(This hadith has also been narrated through two other chain by Sahl b. Abi Hathma)

We were with the Prophet and he was holding the hand of `Umar bin Al-Khattab. `Umar said to Him, "O Allah's Apostle! You are dearer to me than everything except my own self." The Prophet said, "No, by Him in Whose Hand my soul is, (you will not have complete faith) till I am dearer to you than your own self." Then `Umar said to him, "However, now, by Allah, you are dearer to me than my own self." The Prophet said, "Now, O `Umar, (now you are a believer).

Imam Muslim has reported this hadith by Hasan b. 'Ali al-Halwani and other traditions.

Once Ibn Umar was taking his supper while he was listening to the recitation of (Quran by) the Imam (in the Isha prayer).

Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik said, "The generally agreed-on way of doing things in our community is that when the testator writes something in health or illness as a bequest, and it has freeing slaves or things other than that in it, he can alter it in any way he chooses, until he is on his deathbed. If he prefers to abandon a bequest or change it, he can do so unless he has made a slave mudabbar (to be freed after his death). If he has made him mudabbar, there is no way to change what he has made mudabbar. He is allowed to change his testament because the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik explained, "Had the testator not been able to change his will nor what was mentioned in it about freeing slaves, each testator might withhold making bequests from his property, whether in freeing slaves or other than it. A man gives a bequest in his health and in his travelling." (i.e. he does not wait till his death bed ) .

Malik summed up, "The way of doing things in our community about which there is no dispute is that he can change whatever he likes of that except for the mudabbar."