(the wife of the Prophet) that she was told that `Abdullah bin Az-Zubair (on hearing that she was selling or giving something as a gift) said, "By Allah, if `Aisha does not give up this, I will declare her incompetent to dispose of her wealth." I said, "Did he (`Abdullah bin Az-Zubair) say so?" They (people) said, "Yes." `Aisha said, "I vow to Allah that I will never speak to Ibn Az-Zubair." When this desertion lasted long, `Abdullah bin Az-Zubair sought intercession with her, but she said, "By Allah, I will not accept the intercession of anyone for him, and will not commit a sin by breaking my vow." When this state of affairs was prolonged on Ibn Az-Zubair (he felt it hard on him), he said to Al- Miswar bin Makhrama and `Abdur-Rahman bin Al-Aswad bin 'Abu Yaghuth, who were from the tribe of Bani Zahra, "I beseech you, by Allah, to let me enter upon `Aisha, for it is unlawful for her to vow to cut the relation with me." So Al-Miswar and `Abdur-Rahman, wrapping their sheets around themselves, asked `Aisha's permission saying, "Peace and Allah's Mercy and Blessings be upon you! Shall we come in?" `Aisha said, "Come in." They said, "All of us?" She said, "Yes, come in all of you," not knowing that Ibn Az- Zubair was also with them. So when they entered, Ibn Az-Zubair entered the screened place and got hold of `Aisha and started requesting her to excuse him, and wept. Al-Miswar and `Abdur Rahman also started requesting her to speak to him and to accept his repentance. They said (to her), "The Prophet forbade what you know of deserting (not speaking to your Muslim Brethren), for it is unlawful for any Muslim not to talk to his brother for more than three nights (days)." So when they increased their reminding her (of the superiority of having good relation with Kith and kin, and of excusing others' sins), and brought her down to a critical situation, she started reminding them, and wept, saying, "I have made a vow, and (the question of) vow is a difficult one." They (Al-Miswar and `Abdur-Rahman) persisted in their appeal till she spoke with `Abdullah bin Az- Zubair and she manumitted forty slaves as an expiation for her vow. Later on, whenever she remembered her vow, she used to weep so much that her veil used to become wet with her tears.

When the last ten days of Ramadan came, the Prophet (saws) kept vigil and prayed during the whole night, and tied the wrapper tightly, and awakened his family (to pray during the night).

Abu Dawud said: The name of Abu Ya'fur is 'Abd al-Rahman b. 'Ubaid b. Nistas.

Yahya related to me from Malik that it reached him that a slave of Abdullah ibn Umar escaped and one of his horses wandered off, and the idol worshippers seized them. Then the Muslims recaptured them, and they were returned to Abdullah ibn Umar, before the division of the spoils took place.

I heard Malik say about muslim property that had been seized by the enemy, "If it is noticed before the distribution, then it is returned to itsowner. Whatever has already been distributed is not returned to anyone."

Malik, when asked about a man whose young male slave was taken by the idol worshippers and then the Muslims re-captured him, said, "The owner is more entitled to him without having to pay his price or value or having to incur any loss before the distribution takes place. If the distribution has already taken place then I think that the slave belongs to his master for his price if the master wants him back."

Regarding an umm walad of a Muslim man who has been taken by the idol worshippers and then recaptured by the Muslims and allotted in the distribution of spoils and then recognised by her master after the distribution, Malik said, "She is not to be enslaved. I think that the Imam should pay a ransom for her for her master. If he does not do it, then her master must pay a ransom for her and not leave her. I do not think that she should be made a slave by whoever takes her and intercourse with her is not halal. She is in the position of a free woman because her master would be required to pay compensation if she injured somebody and so she is in the same position (as a wife). He must not leave the mother of his son to be enslaved nor may intercourse with her be made halal."

Malik was asked about a man who went to enemy territory to pay ransom or to trade, and he bought a free man or a slave, or they were given to him. He said, "As for the free man, the price he buys him for is a debt against the man and he is not made a slave. If the captive is given to him freely, he is free and owes nothing unless the man gave something in recompense for him. That is a debt against the free man, the same as if a ransom had been paid for him. As for a slave, his former master can choose to take him back and pay his price to the man who bought him or he can choose to leave him, as he wishes. If he was given to the man, the former master is more entitled to him, and he owes nothing for him unless the man gave something for him in recompense. Whatever he gave for him is a loss against the master if he wants him back."

Another chain reports a similar hadith.

A similar tradition (to the No. 4445) has also been transmitted by Salamah ibn al-Muhabbaq from the Prophet (saws).

This version has: If she asked her to have intercourse with her voluntarily, then she and a similar slave-girl would be given to her mistress from his property.

Umar stood on the pulpit. He then mentioned the rest of the tradition to the same effect as mentioned before. He did not mention "that she should be killed". This version adds: "a male or a female slave". Umar then said: Allah is Most Great. Had I not heard it, we would have decided about it something else.

Abu Dawud said: 'Ata also transmitted it from Ibn 'Abbas in a similar way. He commanded to act upon this.

The Messenger of Allah (saws) forbade to make a vow. He said: It has not effect against fate, it is only from the miserly that it is means by which something is extracted.

Musaddad said: The Messenger of Allah (saws) said: A vow does not avert anything (i.e. has no effect against fate).

The Messenger of Allah (saws) was asked about lailat al-qadr and I was hearing: He said: It is during the whole of Ramadan.

Abu Dawud said: Sufyan and Shu'bah narrated this tradition from Abu Ishaq as a statement of Ibn 'Umar himself, they did not transmit it as a saying of the Prophet (saws)

Ibn 'Umar used to let out his land till it reached him that Rafi' b. Khadij al-Ansari narrated that the Messenger of Allah (saws) forbade let out land. So 'Abd Allah (b. 'Umar) said: Ibn Khadij, what do you narrate from the Messenger of Allah (saws) about leasing the land? Rafi' replied to 'Abd Allah b. 'Umar: I heard both of my uncles were present in the battle of Badr say, and they narrated it to the members of the family, that the Messenger of Allah (saws) forbade leasing land. 'Abd Allah said: I swear by Allah, I knew that land was leased in the time of the Messenger of Allah (saws). 'Abd Allah then feared that the Messenger of Allah (saws) might have created something new in that matter, so he gave up leasing land.

Abu Dawud said: This tradition has also been transmitted by Ayyub, 'Ubaid Allah, Kathir b. Farqad, Malik from Nafi' on the authority of Rafi' from the Prophet (saws). It has also been transmitted by al-Auzai' from Hafs b. 'Inan al-Hanafi from Nafi' from Rafi' who said: I heard the Messenger of Allah (saws) say: Similarly, it has been transmitted by Zaid b. Abi Unaisah from al-Hakkam from Nafi' from Ibn 'Umar that he went to Rafi' and asked: Have you heard the Messenger of Allah (saws) say? He replied: Yes. Similarly, it has also been transmitted by 'Ikrimah b. 'Ammar from Abu al-Najashi, from Rafi' b. Khadij who said: I heard the Prophet (saws) say. It has also been transmitted by al-Auza'i from Abu al-Najashi from Rafi' b. Khadij from his uncle Zuhair b. Rafi' from the Prophet (saws).

Abu Dawud said: The name of Abu al-Najashi is 'Ata b. Suhaib.

Yahya related to me from Malik that Yahya ibn Said said that Muhammad ibn Ibrahim at-Taymi had informed him that Abu Salama ibn Abd ar-Rahman said "Abd ar-Rahman ibn al-Aswad ibn Abdal-Yaghuth used to sit with us and he had a white beard and hair. One day he came to us and he had dyed them red, and the people said to him, 'This is better.' He said. 'A'isha the wife of the Prophet, may Allah bless him and grant him peace, sent her slave girl Nukhayla to me yesterday. She swore that my hair would be dyed and she informed me that Abu Bakr as- Siddiq used to dye his hair.' "

Yahya said that he heard Malik say about dyeing the hair black, 'I have not heard anything certain on that, and other colours than that are preferable to me."

Yahya said, "Not to dye at all is permitted, Allah willing, and there is no constraint on people concerning it."

Yahya said that he had heard Malik say, "There is no clear indication in this hadith that the Messenger of Allah, may Allah bless him and grant him peace, did not dye his hair. Had the Messenger of Allah, may Allah bless him and grant him peace, dyed his hair, A'isha would have sent a message to that effect to Abd ar-Rahman ibn al-Aswad."

Abu Dawud said: Ibn Numair transmitted it from al-A'mash in a similar way.

Abu Dawud said: In a similar way of Ibn 'Uyainah also transmitted it from 'Ali b. Zaid, from al-Qasim b. Rab'iah, from Ibn 'Umar, from the Prophet (saws) ; and Ayyub al-Sukhtiyani transmitted it from al-Qasim b. Rabi'ah from 'Abd Allah b. 'Amr like the tradition of Khalid. Hammad b. Salamah also transmitted it from 'Ali b. Zaid, from Ya'qub al-Sadusi, on the authority of 'Abd Allah b. 'Amr from the Prophet (saws). The statements of Zaid and of Abu Musa are similar to the tradition of the Prophet (saws) and to the tradition of 'Umar (Allah be pleased with him.)

Yahya related to me from Malik from Yahya ibn Said that Abdullah ibn Ayyash ibn Abi Rabia al-Makhzumi ordered one of his slaves to slaughter an animal. When he wanted to slaughter it, he said to him, "Mention Allah's name." The slave said to him, "I have mentioned the name!" He said to him, "Mention the name of Allah, bother you!" He said to him, "I have mentioned the name of Allah " Abdullah ibn Ayyash said, "By Allah, I shall never eat it!"

Yahya related to me from Malik from Yahya ibn Said from Abu Bakr ibn Hazm thatUmar ibn Abd al-Aziz had asked him what people said about the 'irrevocable' divorce, and Abu Bakr had replied that Aban ibn Uthman had clarified that it was declared only once. Umar ibn Abd al- Aziz said, "Even if divorce had to be declared a thousand times, the'irrevocable' would use them all up. A person who says, 'irrevocably' has cast the furthest limit."

Malik related to me from Rabia ibn Abi Abd ar-Rahman that Umar ibn al-Khattab spoke about a man who went out with his wife's slave- girl on a journey and had intercourse with her and then the wife became jealous and mentioned that to Umar ibn al-Khattab. Umar questioned him about it. He said, "She gave her to me." Umar said, "Bring me a clear proof or I will stone you." Rabia added, "The wife confessed that she had given her to him."

Yahya related to me from Malik from Nafi that a slave of Abdullah ibn Umar stole while he was a runaway. Abdullah ibn Umar sent him to Said ibn al-As, who was the amir of Madina, to cut off his hand. Said refused to cut off his hand. He said, "The hand of a runaway slave is not cut off when he steals." Abdullah ibn Umar said to him, "In what Book of Allah did you find this?" Then Abdullah ibn Umar gave the order, and his hand was cut off.