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."

Is one of you helpless to be like AbuDaygham or Damdam (Ibn Ubayd is doubtful) who would say when morning came: O Allah, I gave my honour as alms to Thy servants?

During the lifetime of Allah's Apostle, some men among the hypocrites used to remain behind him (i.e. did not accompany him) when he went out for a Ghazwa and they would be pleased to stay at home behind Allah's Apostle When Allah's Apostle returned (from the battle) they would put forward (false) excuses and take oaths, wishing to be praised for what they had not done. So there was revealed:-- "Think not that those who rejoice in what they have done, and love to be praised for what they have not done.." (3.188)

The Prophet (saws) said: When a man goes out of his house and says: "In the name of Allah, I trust in Allah; there is no might and no power but in Allah," the following will be said to him at that time: "You are guided, defended and protected." The devils will go far from him and another devil will say: How can you deal with a man who has been guided, defended and protected?

She said: Do not apply it except in the case of dire need which is troubling you. In that case you can use it at night, but you should remove it in the daytime. Then Umm Salamah said: The Messenger of Allah (saws) came to visit me when AbuSalamah died, and I had put the juice of aloes in my eye.

He asked : What is this, Umm Salamah? I replied: It is only the juice of aloes and contains no perfume. He said: It gives the face a glow, so apply it only at night and remove it in daytime, and do not comb yourself with scent or henna, for it is a dye. I asked: What should I use when I comb myself, Messenger of Allah? He said: Use lote-tree leaves and smear your head copiously with them.

Abu Jahl said, "O Allah! If this (Qur'an) is indeed the Truth from You, then rain down on us a shower of stones from the sky or bring on us a painful torment." So Allah revealed:-- "But Allah would not punish them while you were amongst them, nor He will punish them while they seek (Allah's) forgiveness..." (8.33) And why Allah should not punish them while they turn away (men) from Al- Masjid-al-Haram (the Sacred Mosque of Mecca)..." (8.33-34)

I went to the Prophet and tied my she-camel at the gate. The people of Bani Tamim came to the Prophet who said "O Bani Tamim! Accept the good tidings." They said twice, 'You have given us the good tidings, now give us something" Then some Yemenites came to him and he said, "Accept the good tidings, O people of Yemem, for Bani Tamim refused them." They said, "We accept it, O Allah's Apostle! We have come to ask you about this matter (i.e. the start of creations)." He said, "First of all, there was nothing but Allah, and (then He created His Throne). His throne was over the water, and He wrote everything in the Book (in the Heaven) and created the Heavens and the Earth." Then a man shouted, "O Ibn Husain! Your she-camel has gone away!" So, I went away and could not see the she-camel because of the mirage. By Allah, I wished I had left that she-camel (but not that gathering).

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from his paternal uncle, Wasi ibn Habban, that Abdullah ibn Umar said, "People say, 'When you sit to relieve yourself, do not face the qibla or the Bayt al-Maqdis.' "

Abdullah continued, "I went upon top of a house of ours and saw the Messenger of Allah, may Allah bless him and grant him peace, (squatting) on two unfired bricks facing the Bayt al-Maqdis, relieving himself."

Ibn Umar added, "Perhaps you are one of those who pray folded on their haunches."

Wasi replied, "I don't know, by Allah!"

Once I went to Abu- Sa`id Al-Khudri and asked him, "Won't you come with us to the date-palm trees to have a talk?" So Abu Sa`id went out and I asked him, "Tell me what you heard from the Prophet about the Night of Qadr." Abu Sa`id replied, "Once Allah's Apostle performed I`tikaf (seclusion) on the first ten days of the month of Ramadan and we did the same with him. Gabriel came to him and said, 'The night you are looking for is ahead of you.' So the Prophet performed the I`tikaf in the middle (second) ten days of the month of Ramadan and we too performed I`tikaf with him. Gabriel came to him and said, 'The night which you are looking for is ahead of you.' In the morning of the 20th of Ramadan the Prophet delivered a sermon saying, 'Whoever has performed I`tikaf with me should continue it. I have been shown the Night of "Qadr", but have forgotten its date, but it is in the odd nights of the last ten nights. I saw in my dream that I was prostrating in mud and water.' In those days the roof of the mosque was made of branches of date-palm trees. At that time the sky was clear and no cloud was visible, but suddenly a cloud came and it rained. The Prophet led us in the prayer and I saw the traces of mud on the forehead and on the nose of Allah's Apostle. So it was the confirmation of that dream."

Yahya related to me from Malik from Humayd ibn Qays al-Makki that Mujahid said, "I was with Abdullah ibn Umar and an artisan came to him and said, 'Abu Abd ar-Rahman - I fashion gold and then sell what I have made for more than its weight. I take an amount equivalent to the work of my hand.' Abdullah forbade him to do that, so the artisan repeated the question to him, and Abdullah continued to forbid him until he came to the door of the mosque or to an animal that he intended to mount. Then Abdullah ibn Umar said, 'A dinar for a dinar, and a dirham for a dirham. There is no increase between them. This is the command of ourProphet to us and our advice to you.' "

Some people said to Ibn `Umar, "When we enter upon our ruler(s) we say in their praise what is contrary to what we say when we leave them." Ibn `Umar said, "We used to consider this as hypocrisy."

Kathir ibn Qays said: I was sitting with AbudDarda' in the mosque of Damascus.

A man came to him and said: AbudDarda, I have come to you from the town of the Messenger of Allah (saws) for a tradition that I have heard you relate from the Messenger of Allah (saws). I have come for no other purpose.

He said: I heard the Messenger of Allah (saws) say: If anyone travels on a road in search of knowledge, Allah will cause him to travel on one of the roads of Paradise. The angels will lower their wings in their great pleasure with one who seeks knowledge, the inhabitants of the heavens and the Earth and the fish in the deep waters will ask forgiveness for the learned man. The superiority of the learned man over the devout is like that of the moon, on the night when it is full, over the rest of the stars. The learned are the heirs of the Prophets, and the Prophets leave neither dinar nor dirham, leaving only knowledge, and he who takes it takes an abundant portion.

When the Prophet (saws) intended to go on an expedition, he always pretended to be going somewhere else, and he would say: War is deception.

Abu Dawud said: Only Ma'mar has transmitted this tradition. By this he refers to his statement "War is deception" through this chain of narrators. He narrated it from the tradition of 'Amr b. Dinar from Jabir, and from the tradition of Ma'mar from Hammam b. Munabbih on the authority of Abu Hurairah.

The People of Sham taunted `Abdullah bin Az-Zubair by calling him "The son of Dhatin-Nataqain" (the woman who has two waist-belts). (His mother) (Asma, said to him, "O my son! They taunt you with "Nataqain". Do you know what the Nataqain were? That was my waist-belt which I divided in two parts. I tied the water skin of Allah's Apostle with one part, and with the other part I tied his food container."

Anas said, "Whenever Allah's Apostle returned from a journey, he, on seeing the high places of Medina, would make his she-camel proceed faster; and if it were another animal, even then he used to make it proceed faster." Narrated Humaid that the Prophet used to make it proceed faster out of his love for Medina.

Narrated Anas:

As above, but mentioned "the walls of Medina" instead of "the high places of Medina." Al-Harith bin `Umar agrees with Anas.

I was with Ibn `Umar on the way to Mecca, and he got the news that Safiya bint Abu Ubaid was seriously ill. So, he hastened his pace, and when the twilight disappeared, he dismounted and offered the Maghrib and `Isha' prayers together. Then he said, "I saw that whenever the Prophet had to hasten when traveling, he would delay the Maghrib prayer and join them together (i.e. offer the Maghrib and the `Isha prayers together).

Abu Huraira (Allah be pleased with him) reported Allah's Apostle (may peace be upon him) saying about a person who becomes insolvent and (the thing bought by him) is found intact with him, that belongs to one who sold it.

The Jews brought to the Prophet a man and a woman from among them who had committed illegal sexual intercourse. The Prophet said to them, "How do you usually punish the one amongst you who has committed illegal sexual intercourse?" They replied, "We blacken their faces with coal and beat them," He said, "Don't you find the order of Ar-Rajm (i.e. stoning to death) in the Torah?" They replied, "We do not find anything in it." `Abdullah bin Salam (after hearing this conversation) said to them. "You have told a lie! Bring here the Torah and recite it if you are truthful." (So the Jews brought the Torah). And the religious teacher who was teaching it to them, put his hand over the Verse of Ar- Rajm and started reading what was written above and below the place hidden with his hand, but he did not read the Verse of Ar-Rajm. `Abdullah bin Salam removed his (i.e. the teacher's) hand from the Verse of Ar-Rajm and said, "What is this?" So when the Jews saw that Verse, they said, "This is the Verse of Ar-Rajm." So the Prophet ordered the two adulterers to be stoned to death, and they were stoned to death near the place where biers used to be placed near the Mosque. I saw her companion (i.e. the adulterer) bowing over her so as to protect her from the stones.

Abu Dawud said: Ibn Wahb narrated this tradition on the authority of Yunus. He described the fact of eating as the statement of ‘A’ishah (not the saying of the prophet). It has also been narrated it from ‘Urwah or Abu Salamah. Al-Awza’I narrated it from Yunus on the Authority of Al-Zuhri from the prophet (may peace be upon him) as narrated by Ibn al-Mubarak.

We were with Uthman when he was besieged in the house. There was an entrance to the house. He who entered it heard the speech of those who were in the Bilat. Uthman then entered it. He came out to us, looking pale.

He said: They are threatening to kill me now. We said: Allah will be sufficient for you against them, Commander of the Faithful! He asked: Why kill me? I heard the Messenger of Allah (saws) say: It is not lawful to kill a man who is a Muslim except for one of the three reasons: Kufr (disbelief) after accepting Islam, fornication after marriage, or wrongfully killing someone, for which he may be killed.

I swear by Allah, I have not committed fornication before or after the coming of Islam, nor did I ever want another religion for me instead of my religion since Allah gave guidance to me, nor have I killed anyone. So for what reason do you want to kill me?

Abu Dawud said: 'Uthman and Abu Bakr (Allah be pleased with them) abandoned drinking wine in pre-Islamic times.

The sister of Ma'qil bin Yasar was married to a man and then that man divorced her and remained away from her till her period of the 'Iddah expired. Then he demanded for her hand in marriage, but Ma'qil got angry out of pride and haughtiness and said, "He kept away from her when he could still retain her, and now he demands her hand again?" So Ma'qil disagreed to remarry her to him. Then Allah revealed: 'When you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands.' (2.232) So the Prophet sent for Ma'qil and recited to him (Allah's order) and consequently Ma'qil gave up his pride and haughtiness and yielded to Allah's order.

Allah's Apostle used to pray in his room at night. As the wall of the room was LOW, the people saw him and some of them stood up to follow him in the prayer. In the morning they spread the news. The following night the Prophet stood for the prayer and the people followed him. This went on for two or three nights. Thereupon Allah's Apostle did not stand for the prayer the following night, and did not come out. In the morning, the people asked him about it. He replied, that he way afraid that the night prayer might become compulsory.

'Abdur Rahman bin 'Abdul Qari said,

"I went out in the company of 'Umar bin Al-Khattab one night in Ramadan to the mosque and found the people praying in different groups. A man praying alone or a man praying with a little group behind him. So, 'Umar said, 'In my opinion I would better collect these (people) under the leadership of one Qari (Reciter) (i.e. let them pray in congregation!)'. So, he made up his mind to congregate them behind Ubai bin Ka'b. Then on another night I went again in his company and the people were praying behind their reciter. On that, 'Umar remarked, 'What an excellent Bid'a (i.e. innovation in religion) this is; but the prayer which they do not perform, but sleep at its time is better than the one they are offering.' He meant the prayer in the last part of the night. (In those days) people used to pray in the early part of the night."

Yahya related to me from Malik, from Jafar ibn Muhammad, from his father, that AIi ibn Abi Talib used to say the talbiya while on hajj until after noon on the day of Arafa, when he would stop doing so.

Yahya said that Malik said, "This is what the people of knowledge in our city are still doing."

Allah's Apostle entered upon me and said, "Have I not been informed that you offer prayer all the night and fast the whole day?" I said, "Yes." He said, "Do not do so; Offer prayer at night and also sleep; Fast for a few days and give up fasting for a few days because your body has a right on you, and your eye has a right on you, and your guest has a right on you, and your wife has a right on you. I hope that you will have a long life, and it is sufficient for you to fast for three days a month as the reward of a good deed, is multiplied ten times, that means, as if you fasted the whole year." I insisted (on fasting more) so I was given a hard instruction. I said, "I can do more than that (fasting)" The Prophet said, "Fast three days every week." But as I insisted (on fasting more) so I was burdened. I said, "I can fast more than that." The Prophet said, "Fast as Allah's prophet David used to fast." I said, "How was the fasting of the prophet David?" The Prophet said, "One half of a year (i.e. he used to fast on alternate days). '

Sa`d bin Mu`adh came to Mecca with the intention of performing `Umra, and stayed at the house of Umaiya bin Khalaf Abi Safwan, for Umaiya himself used to stay at Sa`d's house when he passed by Medina on his way to Sham. Umaiya said to Sa`d, "Will you wait till midday when the people are (at their homes), then you may go and perform the Tawaf round the Ka`ba?" So, while Sa`d was going around the Ka`ba, Abu Jahl came and asked, "Who is that who is performing Tawaf?" Sa`d replied, "I am Sa`d." Abu Jahl said, "Are you circumambulating the Ka`ba safely although you have given refuge to Muhammad and his companions?" Sa`d said, "Yes," and they started quarreling. Umaiya said to Sa`d, "Don't shout at Abi-l-Hakam (i.e. Abu Jahl), for he is chief of the valley (of Mecca)." Sa`d then said (to Abu Jahl). 'By Allah, if you prevent me from performing the Tawaf of the Ka`ba, I will spoil your trade with Sham." Umaiya kept on saying to Sa`d, "Don't raise your voice." and kept on taking hold of him. Sa`d became furious and said, (to Umaiya), "Be away from me, for I have heard Muhammad saying that he will kill you." Umaiiya said, "Will he kill me?" Sa`d said, "Yes,." Umaiya said, "By Allah! When Muhammad says a thing, he never tells a lie." Umaiya went to his wife and said to her, "Do you know what my brother from Yathrib (i.e. Medina) has said to me?" She said, "What has he said?" He said, "He claims that he has heard Muhammad claiming that he will kill me." She said, By Allah! Muhammad never tells a lie." So when the infidels started to proceed for Badr (Battle) and declared war (against the Muslims), his wife said to him, "Don't you remember what your brother from Yathrib told you?" Umaiya decided not to go but Abu Jahl said to him, "You are from the nobles of the valley (of Mecca), so you should accompany us for a day or two." He went with them and thus Allah got him killed.

Sulaiman bin Buraidah reported on the authority of his father. When the Apostle of Allaah(saws) appointed a Commander over an Army or a detachment, he instructed him to fear Allaah himself and consider the welfare of the Muslims who were with him. He then said “When you meet the polytheists who are your enemy, summon them tone of three things and accept whichever of them they are willing to agree to, and refrain from them. Summon them to Islam and if they agree, accept it from them and refrain from them. Then summon them to leave their territory and transfer to the abode of the Emigrants and tell them that if they do so, they will have the same rights and responsibilities as the Emigrants, but if they refuse and choose their own abode, tell them that they will be like the desert Arabs who are Muslims subject to Allaah’s jurisdiction which applies to the believers, but will have no spoil or booty unless they strive with the Muslims. If they refuse demand jizyah (poll tax) from them, if they agree accept it from them and refrain from them. But if they refuse, seek Alaah’s help and fight with them. When you invade the fortress and they (its people) offer to capitulate and have the matter referred to Allaah’s jurisdiction, do not grant this, for you do not know whether or not you will hit on Allaah’s jurisdiction regarding them. But let them capitulate and have the matter refereed to your jurisdiction and make a decision about them later on as you wish.

Sufyan (bin ‘Uyainah) said thah ‘Alqamah said “I mentioned this tradition to Muqatil bin Habban, He said “Muslim narrated it to me.” Abu Dawud said “He is Ibn Haidam narrated from Al Nu’man in Muqqarin from the Prophet (saws) like the tradition of Sulaiman bin Buraidah.

The Prophet (saws) said: A menstruating woman and the one who delivered a child should take a bath, put on ihram and perform all the rites of hajj except circumambulation of the House (Ka'bah) when they came to the place of wearing ihram.

Abu Ma'mar said in his version: "till she is purified". The narrator Ibn Isa did not mention the names of Ikrimah and Mujahid, but he said: from Ata on the authority of Ibn Abbas. Ibn Isa also did not mention the word "all (rites of hajj)." He said in his version: All the rites of hajj except circumambulation of the House (the Ka'bah).

The Prophet said, "When nightfalls, then keep your children close to you, for the devil spread out then. An hour later you can let them free; and close the gates of your house (at night), and mention Allah's Name thereupon, and cover your utensils, and mention Allah's Name thereupon, (and if you don't have something to cover your utensil) you may put across it something (e.g. a piece of wood etc.).

Whenever Allah's Apostle returned from a Ghazwa, Hajj or `Umra, he used to start (saying), "Allahu- Akbar," thrice and then he would say, "None has the right to be worshipped except Allah alone Who has no partners. To Him belongs the Kingdom, all praises are for Him, and He is able to do all things (i.e. Omnipotent). We are returning with repentance (to Allah) worshipping, prostrating, and praising our Lord. Allah has fulfilled His Promise, made His Slave victorious, and He (Alone) defeated the clans (of infidels) ."

Abu Dawud said: This tradition has been narrated by 'Abd al-Wahid from Khusaif, but he did not report it as a statement of the Prophet (saws). The version of 'Abd al-Wahid has been corroborated by Sufyan, Sharik, and Isra'il. They differed amongst themselves about the text of the tradition and they did not narrate it with the continuous chain up to the Prophet (saws).

When we came along with the Messenger of Allah (saws) from Liyyah and we were beside the lote tree, the Messenger of Allah (saws) stopped at the end of al-Qarn al-Aswad opposite to it. He then looked at Nakhb or at its valley. He stopped and all the people stopped. He then said: The game of Wajj and its thorny trees are unlawful made unlawful for Allah. This was before he alighted at at-Ta'if and its fortress for Thaqif.