Yahya related to me from Malik from Yahya ibn Said that al-Qasim ibn Muhammad said that al-Furafisa ibn Umayr al-Hanafi saw Uthman ibn Affan at al-Arj, and he was covering his face while in ihram.

Yahya related to me from Malik from Humayd ibn Qays al-Makki that a man called Dhafif said that Ibn Abbas was asked about coitus interruptus. He called a slave-girl of his and said, "Tell them." She was embarrassed. He said, "It is alright, and I do it myself."

Malik said, "A man does not practise coitus interruptus with a free woman unless she gives her permission. There is no harm in practising coitus interruptus with a slave-girl without her permission. Someone who has someone else's slave-girl as a wife, does not practise coitus interruptus with her unless her people give him permission."

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."

That the Messenger of Allah (saws) said: "Do not sell the (slave) female singers, not purchase them, nor teach them (to sing). And there is no good in trading in them, and their prices are unlawful. It was about the likes of this that this Ayah was revealed: And among mankind is he who purchases idle talk to divert from the way of Allah."

[He said:] There is narration about this from 'Umar bin Al-Khattab.

[Abu 'Eisa said:] We only know of the Hadith of Abu Umamah, like this, from this route. Some of the people of knowledge have criticized 'Ali bin Yazid (one of the narrators) and graded him weak, and he is from Ash-Sham.

Abu Dawud said: This tradition was read out to al-Harith b. Miskin and I was witness. It was said to him that Ibn Qasim told him that Malik was asked about evil omen in a horse and in a house. He replied: There are many houses in which people lived and perished and again others lived therein and they also perished. This is its explanation so far as we know. Allah knows best.

Abu Dawud said: 'Umar (ra) said: A mat in a house better than a woman who does not give birth to a child.

The Prophet has cursed the lady who lengthens hair artificially and that who gets her hair lengthened in such away, and the lady who practises tattooing and that who gets it done for herself.

The Messenger of Allah (saws) gave judgment that blood-wit for those who possessed camels should be one hundred camels, and for those who possessed cattle two hundred cows, and for those who possessed sheep one thousand sheep, and for those who possessed suits of clothing two hundred suits, and for those who possessed wheat something which the narrator Muhammad (ibn Ishaq) did not remember.

The Prophet (saws) said: Before you there will be commotions like pieces of a dark night in which a man will be a believer in the morning and an infidel in the evening. He who sits during them will be better than he who gets up, and he who gets up during them is better than he who walks, and he who walks during them is better than he who runs. They (the people) said: What do you order us to do? He replied: Keep to your houses.

Allah's Apostle said to us while we were in a gathering, "Give me the oath (Pledge of allegiance for: (1) Not to join anything in worship along with Allah, (2) Not to steal, (3) Not to commit illegal sexual intercourse, (4) Not to kill your children, (5) Not to accuse an innocent person (to spread such an accusation among people), (6) Not to be disobedient (when ordered) to do good deeds. The Prophet added: Whoever amongst you fulfill his pledge, his reward will be with Allah, and whoever commits any of those sins and receives the legal punishment in this world for that sin, then that punishment will be an expiation for that sin, and whoever commits any of those sins and Allah does not expose him, then it is up to Allah if He wishes He will punish him or if He wishes, He will forgive him." So we gave the Pledge for that. (See Hadith No. 17, Vol. 1)

Malik related to me that he had heard that Said ibn al-Musayyab was asked about a mukatab who was shared between two men. One of them freed his portion and then the mukatab died and left a lot of money. Said replied, "The one who kept his kitaba is paid what remains due to him, and then they divide what is left between them both equally."

Malik said, "When a mukatab who fulfils his kitaba and becomes free dies, he is inherited from by the people who wrote his kitaba and their children and paternal relations - whoever is most deserving."

He said, "This is also for whoever is set free when he dies after being set free - his inheritance is for the nearest people to him of children or paternal relations who inherit by means of the wala'."

Malik said, "Brothers, written together in the same kitaba, are in the same position as children to each other when none of them have children written in the kitaba or born in the kitaba. When one of them dies and leaves property, he pays for them all that is against them of their kitaba and sets them free. The money left over after that goes to his children rather than his brothers."

The Prophet (saws) said: If anyone leaves a debt or a helpless family I shall be responsible-and sometimes the narrator said: Allah and His Apostle will be responsible-but if anyone leaves property, it goes to his heirs. I am the heirs of him who has none, paying blood-wit for him and inheriting from him; and a maternal uncle is the heir of him who has none, paying blood-wit for him and inheriting from him.

I came to the Messenger of Allah (saws) at the place of halting, that is, al-Muzdalifah. I said: I have come from the mountains of Tayy. I fatigued my mount and fatigued myself. By Allah, I found no hill (on my way) but I halted there. Have I completed my hajj? The Messenger of Allah (saws) said: Anyone who offers this prayer along with us and comes over to Arafat before it by night or day will complete his hajj and he may wash away the dirt (of his body).

We asked the Prophet (saws) about walking with the funeral. He replied: Not running (but walking quickly). If he (the dead person) was good, send him to it quickly; if he was otherwise, keep away the people of Hell. The bier should be followed and should not follow. Those who go in front of it are not accompanying it.

Abu Dawud said: The narrator Yahya b. 'Abd Allah is weak. He is Yahya al-Jabir

Abu Dawud said: This is from Kufah, and Abu Majidah is from Basrah.

Abu Dawud said: Abu Majidah is obscure.

Allah's Apostle had fixed Dhul Hulaifa as the Miqat for the people of Medina; Al-Juhfa for the people of Sham; and Qarn Ul-Manazil for the people of Najd; and Yalamlam for the people of Yemen. So, these (above mentioned) are the Mawaqit for all those living at those places, and besides them for those who come through those places with the intention of performing Hajj and `Umra and whoever lives within these places should assume Ihram from his dwelling place, and similarly the people of Mecca can assume lhram from Mecca.

The Prophet passed by some people of the tribe of Bani Aslam who were practicing archery. The Prophet said, "O Bani Isma`il ! Practice archery as your father Isma`il was a great archer. Keep on throwing arrows and I am with Bani so-and-so." So one of the parties ceased throwing. Allah's Apostle said, "Why do you not throw?" They replied, "How should we throw while you are with them (i.e. on their side)?" On that the Prophet said, "Throw, and I am with all of you."

`Umar came to the Mosque while Hassan was reciting a poem. (`Umar disapproved of that). On that Hassan said, "I used to recite poetry in this very Mosque in the presence of one (i.e. the Prophet ) who was better than you." Then he turned towards Abu Huraira and said (to him), "I ask you by Allah, did you hear Allah's Apostle saying (to me), "Retort on my behalf. O Allah! Support him (i.e. Hassan) with the Holy Spirit?" Abu Huraira said, "Yes."

The tradition mentioned above has also been transmitted by Sahl bin Sa’d Al Sa’idi through a different chain of narrators. This version has “He divorced her three times before the Messenger of Allah (saws). The Messenger of Allah (saws) implemented it and what is done before the Prophet (saws) is sunnah(model behavior of the Prophet).

Sahl said “I attended this before the Messenger of Allah(saws). Afterwards the sunnah about those who invoked curses on each other was established that they (the spouses) were separated from each other and they would never be united.”

AbuBakr ibn AbdurRahman reported on the authority of a Companion of the Prophet (saws): I saw the Prophet (saws) commanding the people while he was travelling on the occasion of the conquest of Mecca not to observe fast. He said: Be strong for your enemy. The Messenger of Allah (saws) fasted himself.

Narrated AbuBakr:

A man who narrated his tradition to me said: I have seen the Messenger of Allah (saws) in al-Arj pouring water over his head while he was fasting, either because of thirst or because of heat.

The Prophet (saws) said: Glorifying Allah involves showing honour to a grey-haired Muslim and to one who can expound the Qur'an, but not to one who acts extravagantly regarding it, or turns away from it, and showing honour to a just ruler.

Sa`id bin Al-Musaiyab, 'Alqama bin Waqqas and 'Ubaidullah bin `Abdullah regarding the narrating of the forged statement against `Aisha, the wife of the Prophet, when the slanderers said what they said and Allah revealed her innocence. `Aisha said, "But by Allah, I did not think that Allah, (to confirm my innocence), would reveal Divine Inspiration which would be recited, for I consider myself too unimportant to be talked about by Allah through Divine Inspiration revealed for recitation, but I hoped that Allah's Apostle might have a dream in which Allah would reveal my innocence. So Allah revealed:-- 'Verily! Those who spread the slander are a gang among you...' (The ten Verses in Suratan- Nur) (24.11-20)

Yahya related to me from Malik from Yahya ibn Said from al-Qasim ibn Muhammad from Salih ibn Khawwat that Sahl ibn Abi Hathma related to him that the form of the prayer of fear was that the imam stood with a group of his companions, while another group faced the enemy. The imam prayed one raka with them, including the prostration, and then stood. He remained standing while they completed the remaining raka by themselves. They then said the taslim, left, and formed up opposite the enemy while the imam remained standing. Then the others who had not prayed came forward and said the takbir behind the imam and he prayed one raka with them, including the prostration. He then said the taslim, while they stood up and prayed the remaining raka by themselves. Then they said the taslim.

The Prophet (saws) said: Sadaqah may not be given to a rich man or to one who has strength and is sound in limbs.

Abu Dawud said: This tradition has been transmitted by Sufyan from Sa'd bin Ibrahim like the tradition narrated by Ibrahim. The version of Shu'bah from Sa'd has: "for a man who has strength and is robust." The other version of this tradition from the Prophet (saws) have the words "for a man who has strength and is robust." Others have "for a man who has strength and is sound in limbs." 'Ata bin Zuhair said that he had met 'Abd Allah bin 'Amr who said: "Sadaqah is not lawful for a strong man nor for a man who has strength and is sound in limbs."

Yahya related to me from Malik from Safwan ibn Sulaym from Said ibn Salama of the Bani Azraq from al-Mughira ibn Abi Burda of the tribe of Bani Abd ad-Dar that he had heard Abu Hurayra speak about a man who came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "Messenger of Allah! We travel by sea and we do not carry much fresh water with us so if we do wudu with it we go thirsty. Can we do wudu with seawater?" The Messenger of Allah, may Allah bless him and grant him peace, replied, "lts water is pure, and its dead creatures are halal."

Yahya related to me from Malik that Muhammad ibn Abdullah ibn Abi Maryam once asked Said ibn al-Musayyab about (what to do with) a nail of his that had broken while he was in ihram and Said said, "cut it off."

Malik was asked whether some one in ihram who had an ear-complaint could use medicinal oil which was not perfumed for dropping into his ears, and he said, "I do not see any harm in that, and even if he were to put it into his mouth I still would not see any harm in it."

Malik said that there was no harm in some one in ihram lancing an abscess that he had, or a boil, or cutting a vein, if he needed to do so.

`Ali bin Abu Talib came out of the house of Allah's Apostle during his fatal illness. The people asked, "O Abu Hasan (i.e. `Ali)! How is the health of Allah's Apostle this morning?" `Ali replied, "He has recovered with the Grace of Allah." `Abbas bin `Abdul Muttalib held him by the hand and said to him, "In three days you, by Allah, will be ruled (by somebody else ), And by Allah, I feel that Allah's Apostle will die from this ailment of his, for I know how the faces of the offspring of `Abdul Muttalib look at the time of their death. So let us go to Allah's Apostle and ask him who will take over the Caliphate. If it is given to us we will know as to it, and if it is given to somebody else, we will inform him so that he may tell the new ruler to take care of us." `Ali said, "By Allah, if we asked Allah's Apostle for it (i.e. the Caliphate) and he denied it us, the people will never give it to us after that. And by Allah, I will not ask Allah's Apostle for it."

Abu Dawud said: A similar version has been narrated by Zubaid, ‘Uqail, Yunus, cousin of Al-Zuhri, Ibn Abi-Wazir, on the authority of al-Zuhr, musan, al-Hajabi, like al-Zuhri, narrated on the authority of ‘Urwah from ‘A’ishah, but Hisham b. ‘Urwah narrated from ‘Urwah on the authority of Zainab daughter of Abu Salamah from Umm Salamah saying. Umm Sulaim came to the Messenger of Allah (may peace be upon him).

Malik related to me that Yahya ibn Said heard Said ibn al- Musayyab say, "When Umar ibn al-Khattab came from Mina, he made his camel kneel at al-Abtah, and then he gathered a pile of small stones and cast his cloak over them and dropped to the ground. Then he raised his hands to the sky and said, 'O Allah! I have become old and my strength has weakened. My flock is scattered. Take me to You with nothing missed out and without having neglected anything.' Then he went to Madina and addressed the people. He said, 'People! Sunan have been laid down for you. Obligations have been placed upon you. You have been left with a clear way unless you lead people astray right and left.' He struck one of his hands on the other and then said, 'Take care lest you destroy the ayat of stoning so that one will say, "We do not find two hadds in the Book of Allah." The Messenger of Allah, may Allah bless him and grant him peace, stoned, so we have stoned. By He in Whose Hand my self is, had it not been that people would say that Umar ibn al-Khattab has added to the Book of Allah ta- ala, we would have written it, "The full-grown man and the full-grown woman, stone them absolutely." We have certainly recited that.'"

Malik said, "Yahya ibn Said said Said ibn al-Musayyab said, 'Dhu'l-Hijja had not passed before Umar was murdered, may Allah have mercy on him.' "

Yahya said that he had heard Malik say, "As for his words 'The full-grown man and the full-grown woman' he meant, 'The man and the woman who have been married, stone them absolutely.' "

Yunus ibn Ubayd, client of Muhammad ibn al-Qasim, said that Muhammad ibn al-Qasim sent to al-Bara' ibn Azib to ask him about the standard of the Messenger of Allah (saws). He said: It was black and square, being made of a woollen rug.

The Messenger of Allah (saws) cursed the one who accepted usury, the one who paid it, the witness to it, and the one who recorded it.

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."

A bedouin came to the Prophet and said, "O Allah's Apostle! Who is the best of mankind!" The Prophet said, "A man who strives for Allah's Cause with his life and property, and also a man who lives (all alone) in a mountain path among the mountain paths to worship his Lord and save the people from his evil."

The Messenger of Allah (saws) said: He who plays backgammon disobeys Allah and His Apostle.

Rifa`a Al-Qurazi divorced his wife irrevocably (i.e. that divorce was the final). Later on `Abdur- Rahman bin Az-Zubair married her after him. She came to the Prophet and said, "O Allah's Apostle! I was Rifa`a's wife and he divorced me thrice, and then I was married to `Abdur-Rahman bin AzZubair, who, by Allah has nothing with him except something like this fringe, O Allah's Apostle," showing a fringe she had taken from her covering sheet. Abu Bakr was sitting with the Prophet while Khalid Ibn Sa`id bin Al-As was sitting at the gate of the room waiting for admission. Khalid started calling Abu Bakr, "O Abu Bakr! Why don't you reprove this lady from what she is openly saying before Allah's Apostle?" Allah's Apostle did nothing except smiling, and then said (to the lady), "Perhaps you want to go back to Rifa`a? No, (it is not possible), unless and until you enjoy the sexual relation with him (`Abdur Rahman), and he enjoys the sexual relation with you."

'Uwaimir Al-`Ajlani came to `Asim bin `Adi and said, "If a man found another man with his wife and killed him, would you sentence the husband to death (in Qisas,) i.e., equality in punishment)? O `Asim! Please ask Allah's Apostle about this matter on my behalf." `Asim asked the Prophet but the Prophet disliked the question and disapproved of it. `Asim returned and informed 'Uwaimir that the Prophet disliked that type of question. 'Uwaimir said, "By Allah, I will go (personally) to the Prophet." 'Uwaimir came to the Prophet when Allah had already revealed Qur'anic Verses (in that respect), after `Asim had left (the Prophet ). So the Prophet said to 'Uwaimir, "Allah has revealed Qur'anic Verses regarding you and your wife." The Prophet then called for them, and they came and carried out the order of Lian. Then 'Uwaimir said, "O Allah's Apostle! Now if I kept her with me, I would be accused of telling a lie." So 'Uwaimir divorced her although the Prophet did not order him to do so. Later on this practice of divorcing became the tradition of couples involved in a case of Li'an. The Prophet said (to the people). "Wait for her! If she delivers a red short (small) child like a Wahra (a short red animal). then I will be of the opinion that he ('Uwaimir) has told a lie but if she delivered a black big-eyed one with big buttocks, then I will be of the opinion that he has told the truth about her." 'Ultimately she gave birth to a child that proved the accusation. (See Hadith No. 269, Vol. 6)

I saw `Umar bin Al-Khattab (when he was stabbed) saying, "O `Abdullah bin `Umar! Go to the mother of the believers Aisha and say, `Umar bin Al-Khattab sends his greetings to you,' and request her to allow me to be buried with my companions." (So, Ibn `Umar conveyed the message to `Aisha.) She said, "I had the idea of having this place for myself but today I prefer him (`Umar) to myself (and allow him to be buried there)." When `Abdullah bin `Umar returned, `Umar asked him, "What (news) do you have?" He replied, "O chief of the believers! She has allowed you (to be buried there)." On that `Umar said, "Nothing was more important to me than to be buried in that (sacred) place. So, when I expire, carry me there and pay my greetings to her (`Aisha ) and say, `Umar bin Al-Khattab asks permission; and if she gives permission, then bury me (there) and if she does not, then take me to the graveyard of the Muslims. I do not think any person has more right for the caliphate than those with whom Allah's Apostle (p.b.u.h) was always pleased till his death. And whoever is chosen by the people after me will be the caliph, and you people must listen to him and obey him," and then he mentioned the name of `Uthman, `Ali, Talha, Az-Zubair, `Abdur-Rahman bin `Auf and Sa`d bin Abi Waqqas. By this time a young man from Ansar came and said, "O chief of the believers! Be happy with Allah's glad tidings. The grade which you have in Islam is known to you, then you became the caliph and you ruled with justice and then you have been awarded martyrdom after all this." `Umar replied, "O son of my brother! Would that all that privileges will counterbalance (my short comings), so that I neither lose nor gain anything. I recommend my successor to be good to the early emigrants and realize their rights and to protect their honor and sacred things. And I also recommend him to be good to the Ansar who before them, had homes (in Medina) and had adopted the Faith. He should accept the good of the righteous among them and should excuse their wrongdoers. I recommend him to abide by the rules and regulations concerning the Dhimmis (protectees) of Allah and His Apostle, to fulfill their contracts completely and fight for them and not to tax (overburden) them beyond their capabilities."