Yahya related to me from Malik that he had heard that az-Zubayr ibn al-Awwam said the like of that.

Malik said that if a man had sexual relations with a female slave that he owned, and then he wanted to also have relations with her sister, the sister was not halal for a man until intercourse with the slave-girl had been made haram for him by marriage, setting free, kitaba, or the like of that - for instance, if he had married her to his slave or someone other than his slave.

I heard Sa`id bin Zaid bin `Amr bin Nufail saying in the mosque of Al-Kufa. "By Allah, I have seen myself tied and forced by `Umar to leave Islam before `Umar himself embraced Islam. And if the mountain of Uhud could move from its place for the evil which you people have done to `Uthman, then it would have the right to move from its place."

Allah's Apostle said "If there is any evil omen in anything, then it is in the woman, the horse and the house."

Some Muslim men emigrated to Ethiopia whereupon Abu Bakr also prepared himself for the emigration, but the Prophet said (to him), "Wait, for I hope that Allah will allow me also to emigrate." Abu Bakr said, "Let my father and mother be sacrificed for you. Do you hope that (emigration)?" The Prophet said, 'Yes." So Abu Bakr waited to accompany the Prophet and fed two she-camels he had on the leaves of As-Samur tree regularly for four months One day while we were sitting in our house at midday, someone said to Abu Bakr, "Here is Allah's Apostle, coming with his head and a part of his face covered with a cloth-covering at an hour he never used to come to us." Abu Bakr said, "Let my father and mother be sacrificed for you, (O Prophet)! An urgent matter must have brought you here at this hour." The Prophet came and asked the permission to enter, and he was allowed. The Prophet entered and said to Abu Bakr, "Let those who are with you, go out." Abu Bakr replied, "(There is no stranger); they are your family. Let my father be sacrificed for you, O Allah's Apostle!" The Prophet said, "I have been allowed to leave (Mecca)." Abu Bakr said, " I shall accompany you, O Allah's Apostle, Let my father be sacrificed for you!" The Prophet said, "Yes," Abu Bakr said, 'O Allah's Apostles! Let my father be sacrificed for you. Take one of these two shecamels of mine" The Prophet said. I will take it only after paying its price." So we prepared their baggage and put their journey food In a leather bag. And Asma' bint Abu Bakr cut a piece of her girdle and tied the mouth of the leather bag with it. That is why she was called Dhatan- Nitaqaln. Then the Prophet and Abu Bakr went to a cave in a mountain called Thour and remained there for three nights. `Abdullah bin Abu Bakr. who was a young intelligent man. used to stay with them at night and leave before dawn so that in the morning, he would he with the Quraish at Mecca as if he had spent the night among them. If he heard of any plot contrived by the Quraish against the Prophet and Abu Bakr, he would understand it and (return to) inform them of it when it became dark. 'Amir bin Fuhaira, the freed slave of Abu Bakr used to graze a flock of milch sheep for them and he used to take those sheep to them when an hour had passed after the `Isha prayer. They would sleep soundly till 'Amir bin Fuhaira awakened them when it was still dark. He used to do that in each of those three nights.

Allah's Apostle came to visit me during my ailment which had been aggravated during Hajjat-al- Wada`. I said to him, "You see how sick I am. I have much property but have no heir except my only daughter May I give two thirds of my property in charity?"! He said, "No." I said, "Half of it?" He said, "No." I said "One third?" He said, "One third is too much, for to leave your heirs rich is better than to leave them poor, begging of others. Nothing you spend seeking Allah's pleasure but you shall get a reward for it, even for what you put in the mouth of your wife."

[Al-Bukhari and Muslim]. This is Al-Bukhari's version.

In Muslim's version "'that Allah's Apostle (ﷺ) called for a container of water so he was given a vessel that had some water.' Anas said 'Then I started looking at the water spouting from his fingers. Then I estimated (the persons) and they were between seventy and eighty.'"

Yahya related to me from Malik that he had asked Ibn Shihab about a man who had a slave-girl as a wife, and then he bought her, and divorced her once. He said, "She is halal for him by the possession of the right hand as long as he does not make his divorce irrevocable. If he irrevocably divorces her, she is not halal for him by the possession of the right hand until she has married another husband."

Malik said that if a man rnarried a female slave and then she had a child by him, and then he bought her, she was not an umm walad for him because of the child born to him while she belonged to another, until she had had a child by him while she was in his possession after he had purchased her.

Malik said, "If he buys her and she is pregnant by him and she then gives birth while she belongs to him, she is his umm walad by that pregnancy, according to what we think, and Allah knows best."

`Aisha said, "Allah's Apostle ordered Abu Bakr to lead the people in the prayer during his illness and so he led them in prayer." `Urwa, a sub narrator, added, "Allah's Apostle felt a bit relieved and came out and Abu Bakr was leading the people. When Abu Bakr saw the Prophet he retreated but the Prophet beckoned him to remain there. Allah's Apostle sat beside Abu Bakr. Abu Bakr was following the prayer of Allah's Apostle and the people were following the prayer of Abu Bakr."

The Prophet said to Abu Talha, "I recommend that you divide (this garden) amongst your relatives." Abu Talha said, "O Allah's Apostle! I will do the same." So Abu Talha divided it among his relatives and cousins. Ibn 'Abbes said, "When the Qur'anic Verse: "Warn your nearest kinsmen." (26.214) Was revealed, the Prophet started calling the various big families of Quraish, "O Bani Fihr! O Bani Adi!". Abu Huraira said, "When the Verse: "Warn your nearest kinsmen" was revealed, the Prophet said (in a loud voice), "O people of Quraish!"

A man came to the Prophet and said, "I had sexual intercourse with my wife on Ramadan (while fasting)." The Prophet asked him, "Can you afford to manumit a slave?" He replied in the negative. The Prophet asked him, "Can you fast for two successive months?" He replied in the negative. He asked him, "Can you afford to feed sixty poor persons?" He replied in the negative. (Abu Huraira added): Then a basket full of dates was brought to the Prophet and he said (to that man), "Feed (poor people) with this by way of atonement." He said, "(Should I feed it) to poorer people than we? There is no poorer house than ours between its (Medina's) mountains." The Prophet said, "Then feed your family with it."

"The Prophet (saws) was asked about eating a mastigure and he said: 'I do not eat it, and I do not prohibit eating it.'"

[He said:] There are narrations on this topic from 'Umar, Abu Sa'eed, Ibn 'Abbas, Thabit bin Wadi'ah, Jabir, and 'Abdur-Rahman bin Hasanah.

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

The People of knowledge have differed over eating mastigure. Some of the people of knowledge among the Companions of the Prophet (saws) and others permitted it, while others considered it disliked. It has been related that Ibn 'Abbas said: "Mastigure was eaten on the dining spread of the Messenger of Allah (saws), and the Messenger of Allah (saws) only avoided it because it was distasteful to him."

Allah's Apostle said, "The woman is like a rib; if you try to straighten her, she will break. So if you want to get benefit from her, do so while she still has some crookedness."

I used to take the "Suhur" meal with my family and hasten so as to catch the Fajr (morning prayer) with Allah's Apostle.

Yahya related to me from Malik that Abdullah ibn Dinar said, "I heard Abdullah ibn Umar recite from the Qur'an, 'Prophet! When you divorce women, divorce them at the beginning of their idda.'"

Malik said, "He meant by that, to make one pronouncement of divorce at the beginning of each period of purity."

Yahya related to me from Malik from Nafi that one time Abdullah ibn Umar fainted and lost his senses and he did not make up the prayer.

Malik commented, "We consider that that was because, and Allah knows best, the time had passed. Someone who recovers within the time has to pray."

Yahya related to me from Malik from Rabia ibn Abd ar-Rahman that al-Qasim ibn Muhammad and Urwa ibn az-Zubayr gave the same judgement to al-Walid ibn Abd al-Malik in the year of his arrival in Madina except that al-Qasim ibn Muhammad said that he divorced his wife on various occasions. (i.e. not at one time).

Muhayyisah asked permission of the Messenger of Allah (saws) regarding hire of the cupper, but he forbade him. He kept on asking his permission, and at last he said to him: Feed your watering camel with it and feed your slave with it.

The Verse of Al-Hijab (veiling of women) was revealed in connection with Zainab bint Jahsh. (On the day of her marriage with him) the Prophet gave a wedding banquet with bread and meat; and she used to boast before other wives of the Prophet and used to say, "Allah married me (to the Prophet in the Heavens."

My father said, "The Prophet used to recite Al-Fatiha along with another Sura in the first two rak`at of the Zuhr and `Asr prayers. A verse or so was audible at times and he used to prolong the first rak`a."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man from Yemen who had his hand and foot cut off came and went before Abu Bakr as-Siddiq and complained to him that the governor of the Yemen had wronged him, and the man used to pray part of the night. Abu Bakr said, "By your father, your night is not the night of a thief." Then they missed a necklace of Asma bint Umays, the wife of Abu Bakr as-Siddiq. The man came to go around with them looking for it. He said, "O Allah! You are responsible for the one who invaded the people of this good house by night!" They found the jewelry with a goldsmith. He claimed that the maimed man had brought it to him. The maimed man confessed or it was testified against him. Abu Bakr as-Siddiq ordered that his left hand be cut off. Abu Bakr said, "By Allah! His dua against himself is more serious, as far as I am concerned, than his theft."

Yahya said that Malik said, "What is done among us about the person who steals several times and is then called to reckoning, is that only his hand is cut off for all he stole when the hadd has not been applied againsthim. If the hadd has been applied against him before that, and he steals what obliges cutting off, then the next limb is cut off."

Al-Bara' had a she-camel which was accustomed to graze the standing crop belonging to the people. She entered a garden and did damage to it. The Messenger of Allah (saws) was informed about it.

So he gave decision that the owners of gardens are responsible for guarding them by day, and the owners of the animals are responsible for guarding them by night. Any damage done by animals during the night is a responsibility lying on their owners.

The Prophet (saws) used to say on the day of the breaking of the fast seven takbirs in the first rak'ah and then recite the Qur'an, and utter the takbir (Allah is most great). Then he would stand, and utter the takbir four times. Thereafter he would recite the Qur'an and bow.

Abu Dawud said: This has been narrated by Waki' and Ibn al-Mubarak. Their version goes: "Seven (in the first rak'ah) and five (in the second)."

[Abu 'Eisa said:] There are narrations on this topic from Ibn 'Abbas and 'Abdullah bin 'Amr.

Allah's Apostle said, "Allah guarantees him who strives in His Cause and whose motivation for going out is nothing but Jihad in His Cause and belief in His Word, that He will admit him into Paradise (if martyred) or bring him back to his dwelling place, whence he has come out, with what he gains of reward and booty."

I asked Aisha "What about His Statement:-- "Then he (Gabriel) approached And came closer, And was at a distance Of but two bow-lengths Or (even) nearer?" (53.8-9) She replied, "It was Gabriel who used to come to the Prophet in the figure of a man, but on that occasion, he came in his actual and real figure and (he was so huge) that he covered the whole horizon."

A lady committed theft during the lifetime of Allah's Apostle in the Ghazwa of Al-Fath, ((i.e. Conquest of Mecca). Her folk went to Usama bin Zaid to intercede for her (with the Prophet). When Usama interceded for her with Allah's Apostle, the color of the face of Allah's Apostle changed and he said, "Do you intercede with me in a matter involving one of the legal punishments prescribed by Allah?" Usama said, "O Allah's Apostle! Ask Allah's Forgiveness for me." So in the afternoon, Allah's Apostle got up and addressed the people. He praised Allah as He deserved and then said, "Amma ba'du ! The nations prior to you were destroyed because if a noble amongst them stole, they used to excuse him, and if a poor person amongst them stole, they would apply (Allah's) Legal Punishment to him. By Him in Whose Hand Muhammad's soul is, if Fatima, the daughter of Muhammad stole, I would cut her hand." Then Allah's Apostle gave his order in the case of that woman and her hand was cut off. Afterwards her repentance proved sincere and she got married. `Aisha said, "That lady used to visit me and I used to convey her demands to Allah's Apostle."

AbuHind cupped the Prophet (saws) in the middle of his head. The Prophet (saws) said: Banu Bayadah, marry AbuHind (to your daughter), and ask him to marry (his daughter) to you. He said: The best thing by which you treat yourself is cupping.

Yahya related to me from Malik from Yahya ibn Said that Sulayman ibn Yasar said, "The blood-money of a magian is eight hundred dirhams."

Malik said, "This is what is done in our community."

Malik said, "The blood-monies of the jew, christian, and magian in their injuries, is according to the injury of the muslims in their blood-moneys. The head wound is a twentieth of his full blood-money. The wound that opens the head is a third of his blood-money. The belly-wound is a third of his blood-money. All their injuries are according to this calculation."

The Prophet (saws) said: Attend the sermon (on Friday) and sit near the imam, for a man keeps himself away until he will be left behind at the time of entering Paradise though he enters it.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used not to fast while travelling.

Some people from the tribes of `Ukl and `Uraina came to Allah's Apostle and embraced Islam and said, "O Allah's Apostle! We are owners of livestock and have never been farmers," and they found the climate of Medina unsuitable for them. So Allah's Apostle ordered that they be given some camels and a shepherd, and ordered them to go out with those camels and drink their milk and urine. So they set out, but when they reached a place called Al-Harra, they reverted to disbelief after their conversion to Islam, killed the shepherd and drove away the camels. When this news reached the Prophet he sent in their pursuit (and they were caught and brought). The Prophet ordered that their eyes be branded with heated iron bars and their hands be cut off, and they were left at Al-Harra till they died in that state.

One day while the Prophet was sitting in the company of some people, (The angel) Gabriel came and asked, "What is faith?" Allah's Apostle replied, 'Faith is to believe in Allah, His angels, (the) meeting with Him, His Apostles, and to believe in Resurrection." Then he further asked, "What is Islam?" Allah's Apostle replied, "To worship Allah Alone and none else, to offer prayers perfectly to pay the compulsory charity (Zakat) and to observe fasts during the month of Ramadan." Then he further asked, "What is Ihsan (perfection)?" Allah's Apostle replied, "To worship Allah as if you see Him, and if you cannot achieve this state of devotion then you must consider that He is looking at you." Then he further asked, "When will the Hour be established?" Allah's Apostle replied, "The answerer has no better knowledge than the questioner. But I will inform you about its portents.

1. When a slave (lady) gives birth to her master.

2. When the shepherds of black camels start boasting and competing with others in the construction of higher buildings. And the Hour is one of five things which nobody knows except Allah.

The Prophet then recited: "Verily, with Allah (Alone) is the knowledge of the Hour--." (31. 34) Then that man (Gabriel) left and the Prophet asked his companions to call him back, but they could not see him. Then the Prophet said, "That was Gabriel who came to teach the people their religion." Abu 'Abdullah said: He (the Prophet) considered all that as a part of faith.

That he sold a camel to the Prophet (saws) and made a condition that he could ride it to (return to) his family.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. It has been reported through other routes from Jabir.

This is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They consider it allowed to make a condition in a sale when it is one condition. This is the view of Ahmad and Ishaq.

Some of the people of knowledge said that it is not allowed to make a condition in a sale, nor to complete a sale when there is a condition for it.

Aisha said that Barirah came to seek her help in the writing of her emancipation. `Aisha said to her, "If you wish, I will pay your masters (your price) and the wala' will be for me." When Allah's Apostle came, she told him about it. The Prophet said to her, "Buy her (i.e. Barirah) and manumit (free) her, for the Wala is for the one who manumits." Then Allah's Apostle ascended the pulpit and said, "What about those people who stipulate conditions which are not in Allah's Laws? Whoever stipulates such conditions as are not in Allah's Laws, then those conditions are invalid even if he stipulated a hundred such conditions."

Allah's Apostle said, "The reward of the prayer offered by a person in congregation is twenty five times greater than that of the prayer offered in one's house or in the market (alone). And this is because if he performs ablution and does it perfectly and then proceeds to the mosque with the sole intention of praying, then for every step he takes towards the mosque, he is upgraded one degree in reward and his one sin is taken off (crossed out) from his accounts (of deeds). When he offers his prayer, the angels keep on asking Allah's Blessings and Allah's forgiveness for him as long as he is (staying) at his Musalla. They say, 'O Allah! Bestow Your blessings upon him, be Merciful and kind to him.' And one is regarded in prayer as long as one is waiting for the prayer."