Abu Dawud said : Marwan b. Muhammad said: He is Rabah b. al-Walid who heard from him (nimran). He (Marwan b. Muhammad) said: Yahya b. Hussain was confused in it.

Allah's Apostle said, "Allah will gather all the people on the Day of Resurrection and they will say, 'Let us request someone to intercede for us with our Lord so that He may relieve us from this place of ours.' Then they will go to Adam and say, 'You are the one whom Allah created with His Own Hands, and breathed in you of His soul, and ordered the angels to prostrate to you; so please intercede for us with our Lord.' Adam will reply, 'I am not fit for this undertaking, and will remember his sin, and will say, 'Go to Noah, the first Apostle sent by Allah' They will go to him and he will say, 'I am not fit for this undertaking', and will remember his sin and say, 'Go to Abraham whom Allah took as a Khalil. They will go to him (and request similarly). He will reply, 'I am not fit for this undertaking,' and will remember his sin and say, 'Go to Moses to whom Allah spoke directly.' They will go to Moses and he will say, 'I am not fit for this undertaking,' and will remember his sin and say, 'Go to Jesus.' They will go to him, and he will say, 'I am not fit for this undertaking, go to Muhammad as Allah has forgiven his past and future sins.' They will come to me and I will ask my Lord's permission, and when I see Him, I will fall down in prostration to Him, and He will leave me in that state as long as (He) Allah will, and then I will be addressed. 'Raise up your head (O Muhammad)! Ask, and your request will be granted, and say, and your saying will be listened to; intercede, and your intercession will be accepted.' Then I will raise my head, and I will glorify and praise my Lord with a saying(i.e. invocation) He will teach me, and then I will intercede, Allah will fix a limit for me (i.e., certain type of people for whom I may intercede), and I will take them out of the (Hell) Fire and let them enter Paradise. Then I will come back (to Allah) and fall in prostration, and will do the same for the third and fourth times till no-one remains in the (Hell) Fire except those whom the Qur'an has imprisoned therein." (The sub-narrator, Qatada used to say at that point, "...those upon whom eternity (in Hell) has been imposed.") (See Hadith No. 3, Vol 6).

Yahya related to me from Malik that Umara ibn Sayyad had heard Said ibn al Musayyab say about abiding good deeds that they were a slave's saying 'Allah is greater' (Allahu akbar) and 'Glory be to Allah' (Subahana'llah) and 'Praise be to Allah' (al-hamdu lillah) and 'There is no god but Allah and there is no power and no strength except by Allah.' (La ilaha illa'llah wa la hawla wa la quwwata illa bi'llah.)

A man came to the Prophet. The Prophet sent a messenger to his wives (to bring something for that man to eat) but they said that they had nothing except water. Then Allah's Apostle said, "Who will take this (person) or entertain him as a guest?" An Ansar man said, "I." So he took him to his wife and said to her, "Entertain generously the guest of Allah's Apostle " She said, "We have got nothing except the meals of my children." He said, "Prepare your meal, light your lamp and let your children sleep if they ask for supper." So she prepared her meal, lighted her lamp and made her children sleep, and then stood up pretending to mend her lamp, but she put it off. Then both of them pretended to be eating, but they really went to bed hungry. In the morning the Ansari went to Allah's Apostle who said, "Tonight Allah laughed or wondered at your action." Then Allah revealed: "But give them (emigrants) preference over themselves even though they were in need of that And whosoever is saved from the covetousness Such are they who will be successful." (59.9)

When Sahl bin Hunaif returned from (the battle of) Siffin, we went to ask him (as to why he had come back). He replied, "(You should not consider me a coward) but blame your opinions. I saw myself on the day of Abu Jandal (inclined to fight), and if I had the power of refusing the order of Allah's Apostle then, I would have refused it (and fought the infidels bravely). Allah and His Apostle know (what is convenient) better. Whenever we put our swords on our shoulders for any matter that terrified us, our swords led us to an easy agreeable solution before the present situation (of disagreement and dispute between the Muslims). When we mend the breach in one side, it opened in another, and we do not know what to do about it."

Allah's Apostle and I entered the house of Maimuna. A roasted mastigure was served. Allah's Apostle stretched his hand out (to eat of it) but some woman said, "Inform Allah's Apostle of what he is about to eat." So they said, "It is mastigure, O Allah's Apostle!" He withdrew his hand, whereupon I said, "O Allah's Apostle! Is it unlawful?" He said, "No, but this is not found in the land of my people, so I dislike it." So I pulled the mastigure towards me and ate it while Allah's Apostle was looking at me.

Ibn `Abbas said, "Preach to the people once a week, and if you won't, then preach them twice, but if you want to preach more, then let it be three times (a week only), and do not make the people fed-up with this Qur'an. If you come to some people who are engaged in a talk, don't start interrupting their talk by preaching, lest you should cause them to be bored. You should rather keep quiet, and if they ask you, then preach to them at the time when they are eager to hear what you say. And avoid the use of rhymed prose in invocation for I noticed that Allah's Apostle and his companions always avoided it."

Allah's Apostle said, "There will be three types of people whom Allah will neither speak to them on the Day of Resurrection nor will purify them from sins, and they will have a painful punishment: They are, (1) a man possessed superfluous water (more than he needs) on a way and he withholds it from the travelers. (2) a man who gives a pledge of allegiance to an Imam (ruler) and gives it only for worldly benefits, if the Imam gives him what he wants, he abides by his pledge, otherwise he does not fulfill his pledge; (3) and a man who sells something to another man after the `Asr prayer and swears by Allah (a false oath) that he has been offered so much for it whereupon the buyer believes him and buys it although in fact, the seller has not been offered such a price." (See Hadith No. 838, Vol. 3)

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "It used to be that a man would divorce his wife and then return to her before her idda was over, and that was alright, even if he divorced her a thousand times. The man went to his wife and then divorced her and when the end of her idda was in sight, he took her back and then divorced her and said, 'No! By Allah, I will not go to you and you will never be able to marry again.' Allah, the Blessed, the Exalted, sent down, 'Divorce is twice, then honourable retention or setting free kindly.' People then turned towards divorce in a new light from that day whether or not they were divorced or not divorced."

A man said, "O Allah's Apostle. What type of clothes should a Muhrim wear Allah's Apostle replied, 'Do not wear shirts, turbans trousers hooded cloaks or Khuffs (socks made from thick fabric or leather); but if someone cannot get sandals, then he can wear Khuffs after cutting them short below the ankles. Do not wear clothes touched by saffon or wars (two kinds of perfumes).

I came to the Prophet while he was leaning against his sheet cloak in the shade of the Ka`ba. We were suffering greatly from the pagans in those days. i said (to him). "Will you invoke Allah (to help us)?" He sat down with a red face and said, "(A believer among) those who were before you used to be combed with iron combs so that nothing of his flesh or nerves would remain on his bones; yet that would never make him desert his religion. A saw might be put over the parting of his head which would be split into two parts, yet all that would never make him abandon his religion. Allah will surely complete this religion (i.e. Islam) so that a traveler from Sana to Hadra-maut will not be afraid of anybody except Allah." (The sub-narrator, Baiyan added, "Or the wolf, lest it should harm his sheep.")

The Prophet (saws) said: Beware! I have been given the Qur'an and something like it, yet the time is coming when a man replete on his couch will say: Keep to the Qur'an; what you find in it to be permissible treat as permissible, and what you find in it to be prohibited treat as prohibited. Beware! The domestic ass, beasts of prey with fangs, a find belonging to confederate, unless its owner does not want it, are not permissible to you If anyone comes to some people, they must entertain him, but if they do not, he has a right to mulct them to an amount equivalent to his entertainment.

Malik related to me from Ibn Shihab from Amir ibn Sad ibn Abi Waqqas that his father said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said, 'Messenger of Allah, you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as sadaqa?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No.' I said, 'Half?' He said, 'No.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A third, and a third is a lot. Leaving your heirs rich is better than leaving them poor to beg from people. You never spend anything on maintenance desiring the Face of Allah by it, but that you are rewarded for it, even what you appoint for your wife.' Sad said, 'Messenger of Allah, will I be left here in Makka after my companions have departed for Madina?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you are left behind, and do sound deeds you will increase your degree and elevation by them. Perhaps you will be left behind so that some people may benefit by you and others may be harmed by you. O Allah! complete their hijra for my companions, and do not turn them back on their heels. The unfortunate one is Said ibn Khawla.' The Messenger of Allah, may Allah bless him and grant him peace, was distressed on his account for he had died at Makka."

Yahya said that he heard Malik speak about a man who willed a third of his property to a man and said as well, "My slave will serve so-and-so (another man) for as long as he lives, then he is free," then that was looked into, and the slave was found to be a third of the property of the deceased. Malik said, "The service of the slave is evaluated. Then the two of them divide it between them. The one who was willed a third takes his third, as a share, and the one who was willed the service of the slave takes what was evaluated for him of the slave's service. Each of them takes, from the service of the slave or from his wage if he has a wage, according to his share. If the one who was given the service of the slave for as long as he lived dies, then the slave is freed."

Yahya said that he heard Malik speak about someone who willed his third and said "So-and-so has such- and-such, and so-and-so has such-and-such," naming some of his property, and his heirs protested ...

When Allah gave victory to His Apostle over the people of Mecca, Allah's Apostle stood up among the people and after glorifying Allah, said, "Allah has prohibited fighting in Mecca and has given authority to His Apostle and the believers over it, so fighting was illegal for anyone before me, and was made legal for me for a part of a day, and it will not be legal for anyone after me. Its game should not be chased, its thorny bushes should not be uprooted, and picking up its fallen things is not allowed except for one who makes public announcement for it, and he whose relative is murdered has the option either to accept a compensation for it or to retaliate." Al-`Abbas said, "Except Al-Idhkhir, for we use it in our graves and houses." Allah's Apostle said, "Except Al-Idhkhir." Abu Shah, a Yemenite, stood up and said, "O Allah's Apostle! Get it written for me." Allah's Apostle said, "Write it for Abu Shah." (The sub-narrator asked Al-Auza'i): What did he mean by saying, "Get it written, O Allah's Apostle?" He replied, "The speech which he had heard from Allah's Apostle ."

Yahya related to me from Malik from Abu'nNadr, the mawla of Umar ibn Ubaydullah, that Abu Salama ibn Abd ar-Rahman asked him, "Didn't I see your master sit down before praying after he had entered the mosque?"

Abu'n-Nadr said, "By that he meant Umar ibn Ubaydullah, and he was finding fault with him for sitting down before praying after he had come into the mosque."

Yahya said that Malik said, "It is good to do that but not obligatory."

Jabir b. 'Abdullah al-Ansari (Allah be pleased with them) reported that Allah's Messenger (may peace be upon him) entered Mecca and Qutaiba (another narrator) stated that he entered Mecca in the Year of Victory, wearing a black turban, but not wearing the Ihram.

Malik related to me from Hisham ibn Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "No one leaves Madina preferring to live elsewhere, but that Allah will give it better than him in place of him ."

The first event of Qasama in the pre-lslamic period of ignorance was practiced by us (i.e. Banu Hashim). A man from Banu Hashim was employed by a Quraishi man from another branch-family. The (Hashimi) laborer set out with the Quraishi driving his camels. There passed by him another man from Banu Hashim. The leather rope of the latter's bag had broken so he said to the laborer, "Will you help me by giving me a rope in order to tie the handle of my bag lest the camels should run away from me?" The laborer gave him a rope and the latter tied his bag with it. When the caravan halted, all the camels' legs were tied with their fetters except one camel. The employer asked the laborer, "Why, from among all the camels has this camel not been fettered?" He replied, "There is no fetter for it." The Quraishi asked, "Where is its fetter?" and hit the laborer with a stick that caused his death (later on Just before his death) a man from Yemen passed by him. The laborer asked (him), "Will you go for the pilgrimage?" He replied, "I do not think I will attend it, but perhaps I will attend it." The (Hashimi) laborer said, "Will you please convey a message for me once in your life?" The other man said, "yes." The laborer wrote: 'When you attend the pilgrimage, call the family of Quraish, and if they respond to you, call the family of Banu Hashim, and if they respond to you, ask about Abu Talib and tell him that so-and-so has killed me for a fetter." Then the laborer expired. When the employer reached (Mecca), Abu Talib visited him and asked, "What has happened to our companion?" He said, "He became ill and I looked after him nicely (but he died) and I buried him." Then Abu Talib said, "The deceased deserved this from you." After some time, the messenger whom the laborer has asked to convey the message, reached during the pilgrimage season. He called, "O the family of Quraish!" The people replied, "This is Quraish." Then he called, "O the family of Banu Hashim!" Again the people replied, "This is Banu Hashim." He asked, "Who is Abu Talib?" The people replied, "This is Abu Talib." He said, "'So-and-so has asked me to convey a message to you that so-and-so has killed him for a fetter (of a camel)." Then Abu Talib went to the (Quraishi) killer and said to him, "Choose one of three alternatives: (i) If you wish, give us one-hundred camels because you have murdered our companion, (ii) or if you wish, fifty of your men should take ...

Yahya related to me from Malik from Abd arRahman ibn Harmala that a man asked Said ibn al-Musayyab about what a man who was junub and had done tayammum should do when he came across water. Said said, "When he comes across water he must do ghusl for what comes after."

Malik said about some one who had a wet dream while he was on a journey and there was only enough water for wudu and he was not thirsty and so he did not need to use it for that, "Let him wash his genitals, and whatever the semen has fallen on, with the water and then he does tayammum with good earth as Allah has ordered him."

Malik was asked whether a man who was junub and wished to do tayammum but could only find salty earth could do tayammum with that earth, and whether it was disapproved of to pray on salty earth. He said, "There is no harm in praying on salty earth or in using it to do tayammum, because Allah the Blessed and Exalted has said, '...and do tayammum with good earth.' One is purified by tayammum with everything that is earth, whether it is salty or otherwise."

That his father said, "In the year of the last Hajj of the Prophet I became seriously ill and the Prophet used to visit me inquiring about my health. I told him, 'I am reduced to this state because of illness and I am wealthy and have no inheritors except a daughter, (In this narration the name of 'Amir bin Sa`d is mentioned and in fact it is a mistake; the narrator is `Aisha bint Sa`d bin Abi Waqqas). Should I give two-thirds of my property in charity?' He said, 'No.' I asked, 'Half?' He said, 'No.' then he added, 'Onethird, and even one-third is much. You'd better leave your inheritors wealthy rather than leaving them poor, begging others. You will get a reward for whatever you spend for Allah's sake, even for what you put in your wife's mouth.' I said, 'O Allah's Apostle! Will I be left alone after my companions have gone?' He said, 'If you are left behind, whatever good deeds you will do will upgrade you and raise you high. And perhaps you will have a long life so that some people will be benefited by you while others will be harmed by you. O Allah! Complete the emigration of my companions and do not turn them renegades.' But Allah's Apostle felt sorry for poor Sa`d bin Khaula as he died in Mecca." (but Sa`d bin Abi Waqqas lived long after the Prophet (p.b.u.h).)

Yahya related to me from Malik from Nafi from Abu Said al-Khudri that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not sell gold for gold except like for like and do not increase one part over another part. Do not sell silver for silver, except like for like and do not increase one part over another part. Do not sell some of it which is not there for some of it which is."

Yahya related to me from Malik from Hisham ibn Urwa that his father said that a man who pronounced a dhihar from his four wives in one statement, had only to do one kaffara. Yahya related the same as that to me from Malik from Rabia ibn Abi Abd ar-Rahman.

Malik said, "That is what is done among us. Allah, the Exalted said about the kaffara for pronouncing dhihar, 'It is to free a slave before they touch one another. If he does not find the means to do that, then fasting for two consecutive months before they touch one another. If he cannot do that, it is to feed sixty poor people. ' " (Sura 58 ayats 4,5).

Malik said that a man who pronounced dhihar from his wife on various occasions had only to do one kaffara. If he pronounced dhihar, and then did kaffara, and then pronounced dhihar after he had done the kaffara, he had to do kaffara again.

Malik said, "Some one who pronounces dhihar from his wife and then has intercourse with her before he has done kaffara, only has to do one kaffara. He must abstain from her until he does kaffara and ask forgiveness of Allah. That is the best of what I have heard. "

Malik said, "It is the same with dhihar using any prohibited relations of fosterage and ancestry."

Malik said, "Women have no dhihar."

Malik said that he had heard that the commentary on the word of Allah, the Blessed, the Exalted, "Those of you who pronounce the dhihar about their wives, and then retract what they have said," (Sura 56 ayat 3), was that a man pronounced dhihar on his wife and then decided to keep her and have intercourse with her. If he decided on that, he must do kaffara. If he divorced her and did not decide to retract his dhihar of her and to keep her and have intercourse with her, there would be no kaffara incumbent on him.

Maliksaid, "If he marries her after that, he does not touch her until he has completed the kaffara of pronouncing dhihar."

Malik said that if a man who pronounced dhihar from his slave-girl wanted to have intercourse with her, he had to do the kaffara of the dhihar before he could sleep with her.

Malik said, "There is no ila in a man's dhihar unless it is evident that he does not intend to retract his dhihar."

I asked Allah's Apostle about the plague. He said, "That was a means of torture which Allah used to send upon whom-so-ever He wished, but He made it a source of mercy for the believers, for anyone who is residing in a town in which this disease is present, and remains there and does not leave that town, but has patience and hopes for Allah's reward, and knows that nothing will befall him except what Allah has written for him, then he will get such reward as that of a martyr."

Once I went to Medina where there was an outbreak of disease and the people were dying rapidly. I was sitting with `Umar and a funeral procession passed by. The people praised the deceased. `Umar said, "It has been affirmed" (Paradise). Then another funeral procession passed by. The people praised the deceased. `Umar said, "It has been affirmed." (Paradise). Then another funeral procession passed by. The people praised the deceased. `Umar said, "It has been affirmed (Paradise)." Then a third funeral procession passed by and the people talked badly of the deceased. `Umar said, "It has been affirmed (Hell)." I asked `Umar, "O chief of the believers! What has been affirmed?" He said, "I have said what the Prophet said. He said, 'Allah will admit into paradise any Muslim whose good character is attested by four persons.' We asked the Prophet, 'If there were three witnesses only?' He said, 'Even three.' We asked, 'If there were two only?' He said, 'Even two.' But we did not ask him about one witness."