On the 1st of Dhul-Hijja we set out with the intention of performing Hajj. Allah's Apostle said, "Any one who likes to assume the Ihram for `Umra he can do so. Had I not brought the Hadi with me, I would have assumed the Ihram for `Umra. "Some of us assumed the Ihram for `Umra while the others assumed the Ihram for Hajj. I was one of those who assumed the Ihram for `Umra. I got menses and kept on menstruating until the day of `Arafat and complained of that to the Prophet. He told me to postpone my `Umra, undo and comb my hair, and to assume the Ihram of Hajj and I did so. On the night of Hasba, he sent my brother `Abdur-Rahman bin Abi Bakr with me to at-Tan`im, where I assumed the Ihram for `Umra in lieu of the previous one. Hisham said, "For that (`Umra) no Hadi, fasting or alms were required.

I asked `Ali "Do you have anything Divine literature besides what is in the Qur'an?" Or, as Uyaina once said, "Apart from what the people have?" `Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Qur'an and the ability (gift) of understanding Allah's Book which He may endow a man, with and what is written in this sheet of paper." I asked, "What is on this paper?" He replied, "The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and the judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever).

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to pray dhuhr, asr, maghrib, isha and subh at Mina. Then in the morning, after the sun had risen, he would go to Arafa .

Malik said, "What we are all agreed upon here (in Madina) is that the imam does not recite the Qur'an out loud in dhuhr on the day of Arafa, and that he gives a khutba to the people on that day, and that the prayer on the day of Arafa is really a dhuhr prayer, and even if it coincides with a jumua it is still a dhuhr prayer, but one which has been shortened because of travelling."

Malik said that the imam of the pilgrims should not pray the jumua prayer if the day of Arafa, the day of sacrifice or one of the three days after the day of sacrifice, was a Friday.

Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting ...

From Al-Hasan, from Samurah, that the Prophet (saws) said: "Upon the hand is what it took, until it is returned." Qatadah said: "Then Al-Hasan forgot, so he said: 'It is something you entrusted, he is not liable for it.' " Meaning the borrowed property.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Some of the people pf knowledge, among the Companions of the Prophet (saws) and others, followed this Hadith. They said that the possessor of the borrowed thing is liable. This is the view of Ash-Shafi'i and Ahmad. Some of the people of knowledge among the Companions and others said that the possessor of the borrowed this is not liable unless there is dispute. This is the view of Sufyan Ath-Thawri and the people of Al-Kufah, and it is the view of Ishaq.

The Prophet was the most generous person, and he used to become more so (generous) particularly in the month of Ramadan because Gabriel used to meet him every night of the month of Ramadan till it elapsed. Allah's Apostle used to recite the Qur'an for him. When Gabriel met him, he used to become more generous than the fast wind in doing good.

The Prophet said, "On every Muslim there is enjoined (a compulsory) Sadaqa (alms)." They (the people) said, "If one has nothing?' He said, "He should work with his hands so that he may benefit himself and give in charity." They said, "If he cannot work or does not work?" He said, "Then he should help the oppressed unhappy person (by word or action or both)." They said, "If he does not do it?" He said, "Then he should enjoin what is good (or said what is reasonable).' They said, "If he does not do that''' He said, "Then he should refrain from doing evil, for that will be considered for Him as a Sadaqa (charity) . "

The Prophet sent my father and Mu`adh bin Jabal to Yemen and said (to them), "Make things easy for the people and do not put hurdles in their way, and give them glad tiding, and don't let them have aversion (i.e. to make people to hate good deeds) and you both should work in cooperation and mutual understanding" Abu Musa said to Allah's Apostle, "In our country a special alcoholic drink called Al- Bit', is prepared (for drinking)." The Prophet said, "Every intoxicant is prohibited. "

The Prophet never fasted in any month more than in the month of Sha'ban. He used to say, "Do those deeds which you can do easily, as Allah will not get tired (of giving rewards) till you get bored and tired (of performing religious deeds)." The most beloved prayer to the Prophet was the one that was done regularly (throughout the life) even if it were little. And whenever the Prophet offered a prayer he used to offer it regularly .

The Prophet (saws) said: Fighting is of two kinds: The one who seeks Allah's favour, obeys the leader, gives the property he values, treats his associates gently and avoids doing mischief, will have the reward for all the time whether he is asleep or awake; but the one who fights in a boasting spirit, for the sake of display and to gain a reputation, who disobeys the leader and does mischief in the earth will not return credit or without blame.

Malik related to us from Abdullah ibn Yazid the mawla of al-Aswad ibn Sufyan, from Abu Salama ibn Abd ar-Rahman from Muhammad ibn Abd ar-Rahman ibn Thawban from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "When the heat is fierce delay the prayer until it gets cooler, for scorching heat is a part of the blast of Jahannam."

He added, "The Fire complained to its Lord, so He allowed it two breaths in each year, a breath in winter and a breath in summer."

I heard Allah's Apostle saying, "If there was a river at the door of anyone of you and he took a bath in it five times a day would you notice any dirt on him?" They said, "Not a trace of dirt would be left." The Prophet added, "That is the example of the five prayers with which Allah blots out (annuls) evil deeds."

They (the Companions of the Prophet) wiped with pure earth (their hands and face) to offer the dawn prayer in the company of the Messenger of Allah (saws). They struck the ground with their palms and wiped their faces once. Then they repeated and struck the ground with their palms once again and wiped their arms completely up to the shoulders and up to the armpits with the inner side of their hands.

That Abu Musa Al-Ash`ari said that the Prophet had sent him to Yemen and he asked the Prophet about certain (alcoholic) drink which used to be prepared there The Prophet said, "What are they?" Abu Musa said, "Al-Bit' and Al-Mizr?" He said, "Al-Bit is an alcoholic drink made from honey; and Al-Mizr is an alcoholic drink made from barley." The Prophet said, "All intoxicants are prohibited."

The Messenger of Allah (saws) said: He who swears an oath in which he tells a lie to take the property of a Muslim by unfair means, will meet Allah while He is angry with him.

Al-Ash'ath said: I swear by Allah, he said this about me. There was some land between me and a Jew, but he denied it to me; so I presented him to the Prophet (saws).

The Prophet (saws) asked me: Have you any evidence? I replied: No. He said to the Jew: Take an oath. I said: Messenger of Allah, now he will take an oath and take my property. So Allah, the Exalted, revealed the verse, "As for those who sell the faith they owe to Allah and their own plighted word for a small price, they shall have no portion in the hereafter."

The Prophet said, "Whoever takes a false oath to deprive somebody of his property will meet Allah while He will be angry with him." Allah revealed: 'Verily those who purchase a little gain at the cost of Allah's covenant, and their oaths.' ........(3.77) Al-Ashath came (to the place where `Abdullah was narrating) and said, "What has Abu `Abdur- Rahman (i.e. `Abdullah) been telling you? This verse was revealed concerning me. I had a well in the land of a cousin of mine. The Prophet asked me to bring witnesses (to confirm my claim). I said, 'I don't have witnesses.' He said, 'Let the defendant take an oath then.' I said, 'O Allah's Apostle! He will take a (false) oath immediately.' Then the Prophet mentioned the above narration and Allah revealed the verse to confirm what he had said." (See Hadith No. 692)

Yahya related to me from Malik from his uncle Abu Suhayl ibn Malik that his father said, "I used to see a carpet belonging to Aqil ibn Abi Talib spread out on the day of jumua up to the west wall of the mosque. When the shadow of the wall covered the whole carpet, Umar ibn al-Khattab would come out and pray the jumua prayer."

Malik, Abu Suhayl's father, added, "We would then return after the jumua prayer and take our midday sleep."

The Messenger of Allah (saws) entered upon Thabit ibn Qays. The version of Ahmad (ibn Salih) has: When he was ill He (the Prophet) said: Remove the harm, O Lord of men, from Thabit ibn Qays ibn Shammas. He then took some dust of Bathan, and put it in a bowel, and then mixed it with water and blew in it, and poured it on him.

Abu Dawud said: Ibn al-Sarh said: Yusuf bin Muhammad is correct (and not Muhammad bin Yusuf)

That a woman was found killed in one of the expeditions of the Messenger of Allah (saws), so the Messenger of Allah (saws) rebuked that, and he prohibited killing women and children.

There are narrations on this topic from Buraidah and Rabah - and they say he was Riyah - bin Ar-Rabi', Al-Aswad bin Sari', Ibn 'Abbas, and As-Sa'b bin Jaththamah.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They disliked killing women and children. This is the view of Sufyan Ath-Thawri and Ash-Shafi'i.

Some of the people of knowledge made an exception for killing the women who had children with them during night attacks, this is the view of Ahmad and Ishaq, they permitted it in night attacks.

"I heard Uthman while on the Minbar saying: 'I did not inform you about a Hadith I had heard from the Messenger of Allah (saws), out of dismay that you might part from me. Then it occurred to me that I should narrate to you so that one may choose from these matters accordingly. I heard the Messenger of Allah (saws) saying: "(Ribat) Guarding the frontier for a day in Allah's cause is beter in status than thousand days doing other than that.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib.

Muhammad bin Ism'ail said: "Abu Salih, the freed slave of 'Uthman's name is Burkan."

We took part in the Ghazwa of Najd along with Allah's Apostle and when the time for the afternoon rest approached while he was in a valley with plenty of thorny trees, he dismounted under a tree and rested in its shade and hung his sword (on it). The people dispersed amongst the trees in order to have shade. While we were in this state, Allah's Apostle called us and we came and found a bedouin sitting in front of him. The Prophet said, "This (Bedouin) came to me while I was asleep, and he took my sword stealthily. I woke up while he was standing by my head, holding my sword without its sheath. He said, 'Who will save you from me?' I replied, 'Allah.' So he sheathed it (i.e. the sword) and sat down, and here he is." But Allah's Apostle did not punish him.

The Prophet (saws) said: A boy is in pledge for his Aqiqah, Sacrifice is made for him on the seventh day, his head is shaved and he is given name.

Abu Dawud said: The word wa yusamma is sounder as narrated by Salam b. Abi Muti' from Qatadah, and narrated by Iyas b. Daghfal and Ash'ath from al-Hassan who narrated wa yusamma (and he is given a name).

Harb ibn Ubaydullah ibn Umayr ath-Thaqafi told on the authority of his grandfather, a man of Banu Taghlib: I came to the Prophet (saws), embraced Islam, and he taught me Islam. He also taught me how I should take sadaqah from my people who had become Muslim. I then returned to him and said: Messenger of Allah, I remembered whatever you taught me except the sadaqah. Should I levy tithe on them? He replied: No, tithes are to be levied on Christians and Jews.

Whenever the Prophet went to bed every night, he used to cup his hands together and blow over it after reciting Surat Al-Ikhlas, Surat Al-Falaq and Surat An-Nas, and then rub his hands over whatever parts of his body he was able to rub, starting with his head, face and front of his body. He used to do that three times.

that when Allah's Apostle sent him and Mu`adh bin Jabal to Yemen, he said to them, "Facilitate things for the people (treat the people in the most agreeable way), and do not make things difficult for them, and give them glad tidings, and let them not have aversion (i.e. to make the people hate good deeds) and you should both work in cooperation and mutual understanding, obey each other." Abu Musa said, "O Allah's Apostle! We are in a land in which a drink named Al Bit' is prepared from honey, and another drink named Al-Mizr is prepared from barley." On that, Allah's Apostle said, "All intoxicants (i.e. all alcoholic drinks) are prohibited."

Allah's Apostle sent a letter to Khosrau and told his messenger to give it first to the ruler of Bahrain, and tell him to deliver it to Khosrau. When Khosrau had read it, he tore it into pieces. (Az-Zuhri said: I think Ibn Al-Musaiyab said, "Allah's Apostle invoked Allah to tear them (Khosrau and his followers) into pieces."

Allah's Apostle said, "Satan puts three knots at the back of the head of any of you if he is asleep. On every knot he reads and exhales the following words, 'The night is long, so stay asleep.' When one wakes up and remembers Allah, one knot is undone; and when one performs ablution, the second knot is undone, and when one prays the third knot is undone and one gets up energetic with a good heart in the morning; otherwise one gets up lazy and with a mischievous heart."

When Allah's Apostle and his companions came to Mecca, the pagans circulated the news that a group of people were coming to them and they had been weakened by the Fever of Yathrib (Medina). So the Prophet ordered his companions to do Ramal in the first three rounds of Tawaf of the Ka`ba and to walk between the two corners (The Black Stone and Yemenite corner). The Prophet did not order them to do Ramal in all the rounds of Tawaf out of pity for them.

Rafi' bin Khadij and Sahl bin Abi Hathmah narrated to him that the Messenger of Allah (saws) prohibited Al-Muzabanah sales, (buying) fruits with dried dates, except for those who practice Al-'Araya - for he permitted it for them - and from buying grapes with raisins, and from every fruit by its estimation.

[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib from this route.

I heard the Messenger of Allah (saws) say: Were it not hard on my ummah, I would order them to use the tooth-stick at the time of every prayer. AbuSalamah said: Zayd ibn Khalid used to attend the prayers in the mosque with his tooth-stick on his ear where a clerk carries a pen, and whenever he got up for prayer he used it.

Allah's Apostle sent his letter to Khusrau and ordered his messenger to hand it over to the Governor of Bahrain who was to hand it over to Khusrau. So, when Khusrau read the letter he tore it. Sa`id bin Al- Musaiyab said, "The Prophet then invoked Allah to disperse them with full dispersion, (destroy them (i.e. Khusrau and his followers) severely)".