I was the butler of the people in the house of Abu Talha, and in those days drinks were prepared from dates. Allah's Apostle ordered somebody to announce that alcoholic drinks had been prohibited. Abu Talha ordered me to go out and spill the wine. I went out and spilled it, and it flowed in the streets of Medina. Some people said, "Some people were killed and wine was still in their stomachs." On that the Divine revelation came:-- "On those who believe And do good deeds There is no blame For what they ate (in the past)." (5.93)

Yahya related. to me from Malik from Yahya ibn Said that Amra bint Abd ar-Rahman told him from Habiba bint Sahl al-Ansari that she had been the wife of Thabit ibn Qays ibn Shammas. The Messenger of Allah, may Allah bless him and grant him peace, went out for the dawn prayer, and found Habiba bint Sahl at his door in the darkness. The Messenger of Allah, may Allah bless him and grant him peace, said to her, "Who is this?" She said, "I am Habiba bint Sahl, Messenger of Allah." He said, "What do you want?" She said, "That Thabit ibn Qays and I separate." When her husband, Thabit ibn Qays came, the Messenger of Allah, may Allah bless him and grant him peace, said to him, "This is Habiba bint Sahl. She mentioned what Allah willed that she mention." Habiba said, "Messenger of Allah, all that he has given me is with me!" The Messenger of Allah, may Allah bless him and grant him peace, said to Thabit ibn Qays, "Take it from her," and he took it from her, and she stayed in the house of her family.

A man came to Allah's Apostle and said, "O Allah's Apostle! Suppose a man saw another man with his wife, should he kill him whereupon you might kill him (i.e. the killer) (in Qisas) or what should he do?" So Allah revealed concerning their case what is mentioned of the order of Mula'ana. Allah's Apostle said to the man, "The matter between you and your wife has been decided." So they did Mula'ana in the presence of Allah's Apostle and I was present there, and then the man divorced his wife. So it became a tradition to dissolve the marriage of those spouses who were involved in a case of Mula'ana. The woman was pregnant and the husband denied that he was the cause of her pregnancy, so the son was (later) ascribed to her. Then it became a tradition that such a son would be the heir of his mother, and she would inherit of him what Allah prescribed for her.

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

We came to the Prophet and we were young men nearly of equal ages and we stayed with him for twenty nights. Allah's Apostle was a very kind man and when he realized our longing for our families, he asked us about those whom we had left behind. When we informed him, he said, "Go back to your families and stay with them and teach them (religion) and order them (to do good deeds). The Prophet mentioned things some of which I remembered and some I did not. Then he said, "Pray as you have seen me praying, and when it is the time of prayer, one of you should pronounce the call (Adhan) for the prayer and the eldest of you should lead the prayer. "

Abu Dawud said: The Prophet (saws) kept apart from some of his wives for forty days, and Ibn 'Umar kept apart from his son till he died.

Abu Dawud said: If keeping apart is meant for the sake of Allah, then it has no concern with it. 'Umar bin 'Abd al-'Aziz covered his face from a man.

Ayyub ibn Bushayr ibn Ka'b al-Adawi quoted a man of Anazah who said that he asked AbuDharr when he left Syria: I wish to ask you about a tradition of the Messenger of Allah (saws). He said: I shall tell you except that it is something secret. Did the Messenger of Allah (saws) shake hands with you when you met him? He replied: I never met him without his shaking hands with me. One day he sent for me when I was not at home. When I came I was informed that he had sent for me. I came to him and found him on a couch. He embraced me and that was better and better.

The Prophet said, "A man felt very thirsty while he was on the way, there he came across a well. He went down the well, quenched his thirst and came out. Meanwhile he saw a dog panting and licking mud because of excessive thirst. He said to himself, "This dog is suffering from thirst as I did." So, he went down the well again and filled his shoe with water and watered it. Allah thanked him for that deed and forgave him. The people said, "O Allah's Apostle! Is there a reward for us in serving the animals?" He replied: "Yes, there is a reward for serving any animate (living being)." (See Hadith No. 551)

Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah that Abdullah ibn Umar used to say "Allah is greater" in the prayer whenever he lowered himself and raised himself.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to raise his hands to the level of his shoulders when he began the prayer and when he raised his head from the ruku he would raise them less than that.

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman, from Abu Bakr ibn Abd ar-Rahman from one of the companions of the Messenger of Allah, that the Messenger of Allah, may Allah bless him and grant him peace, ordered everyone to break the fast on the journey he made in the year of the conquest saying, "Be strong for your enemy," while the Messenger of Allah, may Allah bless him and grant him peace, kept on fasting. Abu Bakr said that the one who related this to him said, "I saw the Messenger of Allah, may Allah bless him and grant him peace, pouring water over his head at al-Arj, either from thirst or from the heat. Then some one said to the Messenger of Allah, may Allah bless him and grant him peace, 'Messenger of Allah, a group of people kept on fasting when you did.' Then when the Messenger of Allah was at al-Kadid, he asked for a drinking-bowl and drank, and everyone broke the fast."

Uyaina bin Hisn bin Hudhaifa bin Badr came and stayed (at Medina) with his nephew Al-Hurr bin Qais bin Hisn who was one of those whom `Umar used to keep near him, as the Qurra' (learned men knowing Qur'an by heart) were the people of `Umar's meetings and his advisors whether they were old or young. 'Uyaina said to his nephew, "O my nephew! Have you an approach to this chief so as to get for me the permission to see him?" His nephew said, "I will get the permission for you to see him." (Ibn `Abbas added: ) So he took the permission for 'Uyaina, and when the latter entered, he said, "O the son of Al-Khattab! By Allah, you neither give us sufficient provision nor judge among us with justice." On that `Umar became so furious that he intended to harm him. Al-Hurr, said, "O Chief of the Believers!" Allah said to His Apostle 'Hold to forgiveness, command what is good (right), and leave the foolish (i.e. do not punish them).' (7.199) and this person is among the foolish." By Allah, `Umar did not overlook that Verse when Al-Hurr recited it before him, and `Umar said to observe (the orders of) Allah's Book strictly." (See Hadith No. 166, Vol. 6)

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam decided about a man who had made a vow to abstain from intercourse with his wife, that when four months had passed, it was a divorce and he could return to her as long as she was in her idda.

Malik added, "That was also the opinion of Ibn Shihab."

Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain, he was divorced. He could go back to his wife, but if he did not have intercourse with her before the end of her idda, he had no access to her and he could not go back to her unless he had an excuse - illness, imprisonment, or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain, divorce was applied to him by the first vow. If four months passed, and he had not returned to her, he had no idda against her nor access because he had married her and then divorced her before touching her.

Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her, but then returned and did not touch her and four months were completed before her idda was completed, did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda, he was entitled to her. If her idda passed before he had intercourse with her, he had no access to her. This is what Malik preferred of what he had heard on the subject.

Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her, and the four months of the vow were completed before completion of the idda of the divorce, it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day.

Malik said, "If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed, it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four ...

The Prophet (saws) said: It is necessary for every adult (person) to go for (saying) Friday (prayer), and for everyone who goes for Friday (prayer) washing is necessary.

Abu Dawud said: If one takes bath after sunrise, even though he washes because of seminal emission, that will be enough for him for his washing on Friday.

In the lifetime of Allah's Apostle , `Umar gave in charity some of his property, a garden of date-palms called Thamgh. `Umar said, "O Allah's Apostle! I have some property which I prize highly and I want to give it in charity." The Prophet; said, "Give it in charity (i.e. as an endowment) with its land and trees on the condition that the land and trees will neither be sold nor given as a present, nor bequeathed, but the fruits are to be spent in charity." So `Umar gave it in charity, and it was for Allah's Cause, the emancipation of slaves, for the poor, for guests, for travelers, and for kinsmen. The person acting as its administrator could eat from it reasonably and fairly, and could let a friend of his eat from it provided he had no intention of becoming wealthy by its means.

Allah's Apostle offered four rak`at of Zuhr prayer at Medina and we were in his company, and two rak`at of the `Asr prayer at Dhul-Hulaifa and then passed the night there till it was dawn; then he rode, and when he reached Al-Baida', he praised and glorified Allah and said Takbir (i.e. Al hamdu-li l-lah and Subhanallah(1) and Allahu-Akbar). Then he and the people along with him recited Talbiya with the intention of performing Hajj and Umra. When we reached (Mecca) he ordered us to finish the lhram (after performing the Umra) (only those who had no Hadi (animal for sacrifice) with them were asked to do so) till the day of Tarwiya that is 8th Dhul-Hijja when they assumed Ihram for Hajj. The Prophet sacrificed many camels (slaughtering them) with his own hands while standing. While Allah's Apostle was in Medina he sacrificed two horned rams black and white in color in the Name of Allah."

"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".

`Abdullah bin `Umar used to send the weak among his family early to Mina. So they used to depart from Al-Mash'ar Al-Haram (that is Al-Muzdalifa) at night (when the moon had set) and invoke Allah as much as they could, and then they would return (to Mina) before the Imam had started from Al- Muzdalifa to Mina. So some of them would reach Mina at the time of the Fajr prayer and some of them would come later. When they reached Mina they would throw pebbles on the Jamra (Jamrat-Al- `Aqaba) Ibn `Umar used to say, "Allah's Apostle gave the permission to them (weak people) to do so."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar never used to do tawaf of the House or say between Safa and Marwa if he went into ihram in Makka until he had returned from Mina, nor would he hasten when doing tawaf of the House if he went into ihram in Makka.

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.

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.

Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."

Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."

Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood- money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "

Malik said, "He only has retaliation against the one ...

Allah's Apostle said, "Help your brother whether he is an oppressor or an oppressed," A man said, "O Allah's Apostle! I will help him if he is oppressed, but if he is an oppressor, how shall I help him?" The Prophet said, "By preventing him from oppressing (others), for that is how to help him."

Abd Yazid, the father of Rukanah and his brothers, divorced Umm Rukanah and married a woman of the tribe of Muzaynah. She went to the Prophet (saws) and said: He is of no use to me except that he is as useful to me as a hair; and she took a hair from her head. So separate me from him. The Prophet (saws) became furious. He called on Rukanah and his brothers. He then said to those who were sitting beside him. Do you see so-and-so who resembles Abdu Yazid in respect of so-and-so; and so-and-so who resembles him in respect of so-and-so? They replied: Yes. The Prophet (saws) said to Abdu Yazid: Divorce her. Then he did so. He said: Take your wife, the mother of Rukanah and his brothers, back in marriage. He said: I have divorced her by three pronouncements, Messenger of Allah. He said: I know: take her back. He then recited the verse: "O Prophet, when you divorce women, divorce them at their appointed periods."

Abu Dawud said: The tradition narrated by Nafi' b. 'Ujair and 'Abd Allah b. Yazid b. Rukanah from his father on the authority of his grandfather reads: Rukanah divorced his wife absolutely (i.e. irrevocable divorce). The Prophet (saws) restored her to him. This version is sounder (than other versions), for they (i.e. these narrators) are the children of his man, and the members of the family are more aware of his case. Rukanah divorced his wife absolutely (i.e. three divorces in one pronouncement) and the Prophet (saws) made it a single divorce.

Abu Dawud said: It has also been transmitted by Ibn Al 'Arubah from Qatadah from the Prophet (saws) to the effect that he gave a beating forty times with palm branches and sandals. And Shu'bah narrated it from Qatadah on the authority of Anas from Prophet (saws). This version has: He gave a beating with two palm-branches about forty times.

On his father's authority, said that his grandfather told that a A man came to the Prophet (saws) crying for help. He said: His slave-girl, Messenger of Allah! He said: Woe to you, what happened with you ? He said that it was an evil one. He saw the slave-girl of his master; he became jealous of him, and cut off his penis. The Messenger of Allah (saws) said: Bring the man to me. The man was called, but people could not get control over him. The Messenger of Allah (saws) then said: Go away, you are free. He asked: Messenger of Allah! upon whom does my help lie? He replied: On every believer, or he said: On every Muslim.

Abu Dawud said: The name of the man who was emancipated was Rawh b. Dinar

Abu Dawud said: The man who cut off the penis was Zinba'

Abu Dawud said: The Zinba' Abu Rawh was master of the slave.

that the Prophet entered upon her when she had her menses at Sarif before entering Mecca, and she was weeping (because she was afraid that she would not be able to perform the Hajj). The Prophet said, "What is wrong with you? Have you got your period?" She said, "Yes." He said, "This is a matter Allah has decreed for all the daughters of Adam, so perform all the ceremonies of Hajj like the others, but do not perform the Tawaf around the Ka`ba." `Aisha added: When we were at Mina, beef was brought to me and I asked, "What is this?" They (the people) said, "Allah's Apostle has slaughtered some cows as sacrifices on behalf of his wives."

I heard Allah's Apostle saying, "Give in charity because there will come a time on the people when a person will go out with his alms from place to place but will not find anybody to accept it."

The Prophet said, "While a man was walking, dragging his dress with pride, he was caused to be swallowed by the earth and will go on sinking in it till the Day of Resurrection."

That Ibn 'Umar said: "When the Messenger of Allah (saws) would wear an 'Imamah would hang between his shoulders."

Nafi' said: "Ibn 'Umar would hang his 'Imamah between his shoulders." 'Ubaidullah said: "And I saw Al-Qasim and Salim doing that."

[Abu 'Eisa said:] This Hadith is Hasan Gharib. And there is something on this topic from 'Ali. And this Hadith of 'Ali about this is not correct due to its chain.

I came upon `Abdullah and he said, "When Allah's Apostle invited Quraish (to Islam), they disbelieved him and stood against him. So he (the Prophet) said, "O Allah! Help me against them by afflicting them with seven years of famine similar to the seven years of Joseph.' So they were stricken with a year of drought that destroyed everything, and they started eating dead animals, and if one of them got up he would see something like smoke between him and the sky from the severe fatigue and hunger." `Abdullah then recited:-- 'Then watch you for the Day that the sky will bring forth a kind of smoke plainly visible, covering the people. This is a painful torment... (till he reached) ........ We shall indeed remove the punishment for a while, but truly you will revert (to heathenism): (44.10-15) `Abdullah added: "Will the punishment be removed from them on the Day of Resurrection?" He added," The severe grasp" was the Day of the Battle of Badr."

Malik said, "If someone advances for goods to be delivered after a time, and those goods are neither something to be eaten nor drunk, he can sell them to whomever he likes for cash or goods, before he takes delivery ...

Sa'id said: Umar ibn al-Khattab said: Blood-money is meant for the clan of the slain, and she will not inherit from the blood-money of her husband. Ad-Dahhak ibn Sufyan said: The Messenger of Allah (saws) wrote to me that I should give a share to the wife of Ashyam ad-Dubabi from the blood-money of her husband. So Umar withdrew his opinion.

Ahmad ibn Salih said: AbdurRazzaq transmitted this tradition to us from Ma'mar, from az-Zuhri on the authority of Sa'id. In this version he said: The Prophet (saws) made him governor over the bedouins.

Um (the mother of) Haritha came to Allah's Apostle after Haritha had been martyred on the Day (of the battle) of Badr by an arrow thrown by an unknown person. She said, "O Allah's Apostle! You know the position of Haritha in my heart (i.e. how dear to me he was), so if he is in Paradise, I will not weep for him, or otherwise, you will see what I will do." The Prophet said, "Are you mad? Is there only one Paradise? There are many Paradises, and he is in the highest Paradise of Firdaus." The Prophet added, "A forenoon journey or an after noon journey in Allah's Cause is better than the whole world and whatever is in it; and a place equal to an arrow bow of anyone of you, or a place equal to a foot in Paradise is better than the whole world and whatever is in it; and if one of the women of Paradise looked at the earth, she would fill the whole space between them (the earth and the heaven) with light, and would fill whatever is in between them, with perfume, and the veil of her face is better than the whole world and whatever is in it."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to trim his beard and moustache when he shaved at the end of a hajj or umra.