Abu Dawud said: And similarly the word “a fifth time” occurs in the tradition of Abu Ghutaif.

`Ukaz, Mijanna and Dhul-Majaz were markets during the Pre-islamic Period. They (i.e. Muslims) considered it a sin to trade there during the Hajj time (i.e. season), so this Verse was revealed:-- "There is no harm for you if you seek of the Bounty of your Lord during the Hajj season." (2.198)

Qatida saia. that Anas (Allah be pleased with him) had informed him that Allah's Messenger (may peace be upon him) performed four 'Umras, all during the month of Dhu'l-Qa'da except the one he performed along with Hajj (and these are) the Umra that he performed from al-Hudaibiya or during the time of (the truce of) Hudaibiya in the month of Dhu'l-Qa'da then the Umra of the next year in the month of Dhu'l-Qa'da, then the Umra for which b'e had started from ji'rana, the place where he distributed the spoils of (the battle of) Hunain in the month of Dhu'l-Qa'da, and then the 'Umra that he performed along with his Hajj (on the occasion of the Farewell Pilgrimage).

We went to pay a visit to Khabbab (who was sick) and he had been branded (cauterized) at seven places in his body. He said, "Our companions who died (during the lifetime of the Prophet) left (this world) without having their rewards reduced through enjoying the pleasures of this life, but we have got (so much) wealth that we find no way to spend It except on the construction of buildings Had the Prophet not forbidden us to wish for death, I would have wished for it.' We visited him for the second time while he was building a wall. He said, A Muslim is rewarded (in the Hereafter) for whatever he spends except for something that he spends on building."

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab said that he disapproved of one man lending another food on the provision that he gave it back to him in another city. He said, "Where is the transport?"

Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman ibn Yaqub that Abu Said, the mawla of Amir ibn Kuraz told him that the Messenger of Allah, may Allah bless him and grant him peace, called toUbayy ibn Kab while he was praying. When Ubayy had finished his prayer he joined the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah put his hand upon his hand, and he was intending to leave by the door of the mosque, so the Messenger of Allah, may Allah bless him and grant him peace, said, "I hope that you will not leave the mosque until you know a sura whose like Allah has notsentdown in the Tawrah nor in the Injil nor in the Qur'an." Ubayysaid, "I began to slow down my pace in the hope of that. Then I said, 'Messenger of Allah, the sura you promised me!' He said, 'What do you recite when you begin the prayer?' I recited the Fatiha (Sura 1 ) until I came to the end of it, and the Messengerof Allah, may Allah bless him and grant him peace, said, 'It is this sura, and it is the "seven oft-repeated" and the Great Qur'an which I was given.' "

Safiya, the wife of the Prophet told me that she went to Allah's Apostle to visit him in the mosque while he was in I`tikaf in the last ten days of Ramadan. She had a talk with him for a while, then she got up in order to return home. The Prophet accompanied her. When they reached the gate of the mosque, opposite the door of Um-Salama, two Ansari men were passing by and they greeted Allah's Apostle . He told them: Do not run away! And said, "She is (my wife) Safiya bint Huyai." Both of them said, "Subhan Allah, (How dare we think of any evil) O Allah's Apostle!" And they felt it. The Prophet said (to them), "Satan reaches everywhere in the human body as blood reaches in it, (everywhere in one's body). I was afraid lest Satan might insert an evil thought in your minds."

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from a son of Abdullah ibn Sufyan ath-Thaqafi from his grandfather Sufyan ibn Abdullah that Umar ibn al-Khattab once sent him to collect zakat. He used to include sakhlas (when assessing zakat), and they said, "Do you include sakhlas even though you do not take them (as payment)?" He returned to Umar ibn al-Khattab and mentioned that to him and Umar said, "Yes, you include a sakhla which the shepherd is carrying, but you do not take it. Neither do you take an akula, or a rubba, or a makhid, or male sheep and goats in their second and third years, and this is a just compromise between the young of sheep and goats and the best of them."

Malik said, "A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring, a makhid is a pregnant ewe or goat, and an akula is a sheep or goat that is being fattened for meat."

Malik said, about a man who had sheep and goats on which he did not have to pay any zakat, but which increased by birth to a zakatable amount on the day before the zakat collector came to them, "If the number of sheep and goats along with their (newborn) offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them, or is given them, or inherits them. Rather, it is like when merchandise whose value does not come to a zakatable amount is sold, and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital, taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it."

Malik said, "The young of sheep and goats are part of the flock, in the same way that profit from wealth is part of that wealth. There is, however, one difference, in that when a man has a zakatable amount of gold and silver, and then acquires an additional amount of wealth, he leaves aside the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats, or cattle, or camels, and then acquires another camel, ...

Allah's Apostle said, " Horses are kept for one of three purposes: A man may keep them (for Allah's Cause) to receive a reward in the Hereafter; another may keep them as a means of protection; and a third may keep them to be a burden for him. As for the man for whom the horse is a source of reward, he is the one who ties it for Allah's Cause, and he ties it with a long rope in a pasture or a garden, then, whatever it eats or drinks in that pasture or garden will be added to his good deeds. And if it breaks its rope and jumps over one or two hills, then, for all its footsteps and its manure, good deeds will be written for him. And if it passes by a river and drinks of its water though its owner had no intention to water it from that river, even then he will have good deeds written for him. So that horse will be (a source of) reward for such a man. If a man ties a horse for earning his livelihood and abstaining from asking others for help and he does not forget Allah's right, i.e. pays its Zakat and gives it to be used in Allah's Cause, then that horse will be a means of protection for him. But if a man ties it out of pride and to show off and to excite others, then that horse will be a burden (of sins) for him." Then Allah's Apostle was asked regarding donkeys. He replied, "Nothing has been revealed to me except this comprehensive Verse which includes everything: 'So whoever does good equal to the weight of an atom (or a smallest ant) shall see it; and whoever does evil equal to the weight of an atom (or a smallest ant) shall see it.' (99.7-8)

Yahya related to me from Malik from Zayd ibn Aslam from his father that he said to Umar ibn al-Khattab, "There is a blind she- camel behind the house,'' soUmar said, "Hand it over to a household so that they can make (some) use of it." He said, "But she is blind." Umar replied, "Then put it in a line with other camels." He said, "How will it be able to eat from the ground?" Umar asked, "Is it from the livestock of the jizya or the zakat?" and Aslam replied, "From the livestock of the jizya." Umar said, "By AIIah, you wish to eat it." Aslam said, "It has the brand of the jizya on it." So Umar ordered it to be slaughtered. He had nine platters, and on each of the platters he put some of every fruit and delicacy that there was and then sent them to the wives of the Prophet, may Allah bless him and grant him peace, and the one he sent to his daughter Hafsa was the last of them all, and if there was any deficiency in any of them it was in Hafsa's portion.

"He put meat from the slaughtered animal on the platters and sent them to the wives of the Prophet, may Allah bless him and grant him peace, and he ordered what was left of the meat of the slaughtered animal to be prepared. Then he invited the Muhajirun and the Ansar to eat it."

Malik said, "I do not think that livestock should be taken from people who pay the jizya except as jizya."

Yahya related to me from Malik from Yahya ibn Said that he had heard that on the day after the day of sacrifice Umar ibn al-Khattab went out a little after the sun had risen and said the takbir, and everyone repeated it after him. Then he went out a second time the same day when the sun was well up and said the takbir, and everyone repeated it after him. Then he went out a third time after mid-day and said the takbir, and everyone repeated it after him until it resounded from group to group until it reached the House and people knew that Umar had left to throw the stones.

Malik said, "What we do here (in Madina) is to say the takbir during the days of tashriq after each prayer. The first time is when the imam and everyone with him says the takbir after the dhuhr prayer on the day of sacrifice, and the last is when the imam and everyone with him says the takbir after subh on the last of the days of tashriq, after which he stops saying the takbir."

Malik said, "The takbirs during the days of tashriq should be done by both men and women, whether they are in a group or by themselves, at Mina or elsewhere, and all of the takbirs should be done. In this everyone follows the imam of the hajj and the people at Mina, because when everyone returns (to Makka) and comes out of ihram they keep the same people as imams while out of ihram (as they did when they were in ihram). Some one who is not doing hajj does not follow them except for the takbirs during the days of tashriq."

Malik said, "The 'limited number of days' are the days of tashriq."

Musailima Al-Kadhdhab came during the lifetime of the Prophet and started saying, "If Muhammad gives me the rule after him, I will follow him." And he came to Medina with a great number of the people of his tribe. Allah's Apostle went to him in the company of Thabit bin Qais bin Shammas, and at that time, Allah's Apostle had a stick of a date-palm tree in his hand. When he (i.e. the Prophet ) stopped near Musailima while the latter was amidst his companions, he said to him, "If you ask me for this piece (of stick), I will not give it to you, and Allah's Order you cannot avoid, (but you will be destroyed), and if you turn your back from this religion, then Allah will destroy you. And I think you are the same person who was shown to me in my dream, and this is Thabit bin Qais who will answer your questions on my behalf." Then the Prophet went away from him. I asked about the statement of Allah's Apostle : "You seem to be the same person who was shown to me in my dream," and Abu Huraira informed me that Allah's Apostle said, "When I was sleeping, I saw (in a dream) two bangles of gold on my hands and that worried me. And then I was inspired Divinely in the dream that I should blow on them, so I blew on them and both the bangles flew away. And I interpreted it that two liars (who would claim to be prophets) would appear after me. One of them has proved to be Al Ansi and the other, Musailima."

Malik related to me that he had heard that Umar ibn al-Khattab estimated the full blood-money for the people of urban areas. For those who had gold, he made it one thousand dinars. and for those who had silver he made it ten thousand dirhams.

Malik said, "The people of gold are the people of ash-Sham and the people of Egypt. The people of silver are the people of Iraq "

Yahya related to me from Malik that he heard that the blood-money was divided into instalments over three or four years.

Malik said, "Three is the most preferable to me of what I have heard on that."

Malik said, "The generally agreed on way of doing things in our community is that camels are not accepted from the people of cities for blood-money nor is gold or silver accepted from the desert people. Silver is not accepted from the people of gold and gold is not accepted from the people of silver."

Another chain narrates with the addition of "and the drowned is a martyr."

The Prophet (saws) said: Among the most excellent of your days is Friday; on it Adam was created, on it he died, on it the last trumpet will be blown, and on it the shout will be made, so invoke more blessings on me that day, for your blessings will be submitted to me. The people asked: Messenger of Allah, how can it be that our blessings will be submitted to you while your body is decayed? He replied: Allah, the Exalted, has prohibited the earth from consuming the bodies of Prophets.

The Prophet took a room made of date palm leaves mats in the mosque. Allah's Apostle prayed in it for a few nights till the people gathered (to pray the night prayer (Tarawih) (behind him.) Then on the 4th night the people did not hear his voice and they thought he had slept, so some of them started humming in order that he might come out. The Prophet then said, "You continued doing what I saw you doing till I was afraid that this (Tarawih prayer) might be enjoined on you, and if it were enjoined on you, you would not continue performing it. Therefore, O people! Perform your prayers at your homes, for the best prayer of a person is what is performed at his home except the compulsory congregational) prayer." (See Hadith No. 229,Vol. 3) (See Hadith No. 134, Vol. 8)

Yahya related to me from Malik that he heard Ibn Shihab say that if a man said to his wife, "You are free of me, and I am free of you, " it counted as three pronouncements of divorce as if it were an 'irrevocable' divorce.

Malik said that if a man made any strong statement such as these to his wife, it counted as three pronouncements of divorce for a woman whose marriage had been consummated, or it was written as one of three for a woman whose marriage had not been consummated, whichever the man wished. If he said he intended only one divorce he swore to it and he became one of the suitors because, whereas a woman whose marriage had been consummated was made inaccessible by three pronouncements of divorce, the woman whose marriage had not been consummated was made inaccessible by only one pronouncement.

Malik said, "That is the best of what I have heard."

Ata' ibn AbuRabah asked Aisha: Can women offer prayer on a riding beast? She replied: They were not permitted to do so in hardship or comfort. Muhammad ibn Shu'ayb said: This (prohibition) applies to the obligatory prayers.

Yahya related to me from Malik from Yahya ibn Said that Sulayman ibn Yasar said, "I understood from people that when they made the kaffara for a broken oath, they gave a mudd of wheat according to the smaller mudd. They thought that that would compensate for them."

Malik said, "The best of what I have heard about the one who does kaffara for breaking his oath by clothing people is that if he clothes men he clothes them each in one garment. If he clothes women, he clothes them each in two garments, a long shift and a long scarf, because that is what is satisfactory for each of them in the prayer."

I heard Allah's Apostle saying, "I have been sent with Jawami al-Kalim (i.e., the shortest expression carrying the widest meanings), and I was made victorious with awe (cast into the hearts of the enemy), and while I was sleeping, the keys of the treasures of the earth were brought to me and were put in my hand." Muhammad said, Jawami'-al-Kalim means that Allah expresses in one or two statements or thereabouts the numerous matters that used to be written in the books revealed before (the coming of) the Prophet.

Yahya related to me from Zayd ibn Aslam that his father said that he had heard Umar ibn al-Khattab say, "I once gave a noble horse to carry somebody in the way of Allah, and the man neglected it. I wished to buy it back from him and I thought that he would sell it cheaply. I asked the Messenger of Allah, may Allah bless him and grant him peace, about it and he said, 'Do not buy it, even if he gives it to you for one dirham, for someone who takes back his sadaqa is like a dog swallowing its own vomit.' "

That the Messenger of Allah (saws) said: "Ours is not a bad example: The one who takes back his gift is like the dog who takes back his vomit."

[He said:] On this topic, there is the narration from Ibn 'Umar from the Prophet (saws) that he said: "It is not lawful for anyone that has given a gift to take it back, except for a father who gives something to his son."

Juwayriyyah, daughter of al-Harith ibn al-Mustaliq, fell to the lot of Thabit ibn Qays ibn Shammas, or to her cousin. She entered into an agreement to purchase her freedom. She was a very beautiful woman, most attractive to the eye.

Aisha said: She then came to the Messenger of Allah (saws) asking him for the purchase of her freedom. When she was standing at the door, I looked at her with disapproval. I realised that the Messenger of Allah (saws) would look at her in the same way that I had looked.

She said: Messenger of Allah, I am Juwayriyyah, daughter of al-Harith, and something has happened to me, which is not hidden from you. I have fallen to the lot of Thabit ibn Qays ibn Shammas, and I have entered into an agreement to purchase of my freedom. I have come to you to seek assistance for the purchase of my freedom.

The Messenger of Allah (saws) said: Are you inclined to that which is better? She asked: What is that, Messenger of Allah? He replied: I shall pay the price of your freedom on your behalf, and I shall marry you.

She said: I shall do this. She (Aisha) said: The people then heard that the Messenger of Allah (saws) had married Juwayriyyah. They released the captives in their possession and set them free, and said: They are the relatives of the Messenger of Allah (saws) by marriage. We did not see any woman greater than Juwayriyyah who brought blessings to her people. One hundred families of Banu al-Mustaliq were set free on account of her.

Abu dawud said: This evidence shows that a Muslim ruler may marry a slave woman himself.

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "For the pigeon of Makka, when it is killed, a sheep is due."

Malik said, that if a man of the people of Makka were to enter ihram for hajj or umra and there was a flock of Makkan pigeons in his house and they were shut in and died, "I think that he should pay for that with a sheep for each bird."

"The Messenger of Allah (saws) gave me two boys who were brothers, so I sold one of them, and the Messenger of Allah (saws) said to me: 'O, 'Ali! What happened to your boy?' So I informed him, and he said: 'Return him, return him.'"

[Abu 'Eisa said:] This Hadith is Hasan Gharib. Some of the people of knowledge among the Companions of the Prophet (saws) and others, disliked separating between the captives when selling them.

Some of the people of knowledge permitted separating the children that were born in the land of Islam, but the first view is more correct. It has been related that Ibrahim An-Nakha'i seperated a mother and her child in a sale, so he was asked about that. He said: "I sought her permission for that and she approved."

Abu Dharr used to take an oath confirming that the Verse: 'These two opponents (believers, and disbelievers) dispute with each other about their Lord.' (22.19) was Revealed in connection with Hamza and his two companions and `Utbah and his two companions on the day when they ease out of the battle of Badr.

The husband of a lady died and her eyes became sore and the people mentioned her story to the Prophet They asked him whether it was permissible for her to use kohl as her eyes were exposed to danger. He said, "Previously, when one of you was bereaved by a husband she would stay in her dirty clothes in a bad unhealthy house (for one year), and when a dog passed by, she would throw a globe of dung. No, (she should observe the prescribed period Idda) for four months and ten days.'

Once I gave a horse in Allah's Cause (in charity) but that person did not take care of it. I intended to buy it, as I thought he would sell it at a low price. So, I asked the Prophet (p.b.u.h) about it. He said, "Neither buy, nor take back your alms which you have given, even if the seller were willing to sell it for one Dirham, for he who takes back his alms is like the one who swallows his own vomit."

The Prophet (saws) said: One night it seemed to me in a dream that we were in the house of Uqbah ibn Rafi' and were brought some of the fresh dates of Ibn tab. I interpreted it as meaning that to us is granted eminence (rif'ah) in this world, a blessed hereafter ('aqibah), and that our religion has been good (tabah).

Yahya related to me from Malik from Nafi that Abdullah ibn Umar called the adhan on a cold and windy night and included the phrase, "Do the prayer in shelter." Then he said, "The Messenger of Allah, may Allah bless him and grant him peace, used to orderthe muadhdhin to say, 'Do the prayerin shelter' when it was a cold, rainy night "

(Later on) Allah's Apostle (once again) went along with Ubai bin Ka'b to the garden of date-palms where Ibn Saiyad was staying. When the Prophet entered the garden, he started hiding himself behind the trunks of the date-palms as he wanted to hear something from the Ibn Saiyad before the latter could see him. Ibn Saiyad was lying in his bed, covered with a velvet sheet from where his murmurs were heard. Ibn Saiyad's mother saw the Prophet while he was hiding himself behind the trunks of the date-palms. She addressed Ibn Saiyad, "O Saf!" (And this was his name). Ibn Saiyad got up. The Prophet said, "Had this woman let him to himself, he would have revealed the reality of his case." Then the Prophet got up amongst the people, glorifying Allah as He deserves, he mentioned Ad-Dajjal, saying, "I warn you about him (i.e. Ad-Dajjal) and there is no prophet who did not warn his nation about him, and Noah warned his nation about him, but I tell you a statement which no prophet informed his nation of. You should understand that he is a one-eyed man and Allah is not one-eyed."

Allah's Apostle said "We are the last (to come amongst the nations) but (will be) the foremost on the Day of Resurrection. They were given the Holy Scripture before us and we were given the Quran after them. And this was the day (Friday) about which they differed and Allah gave us the guidance (for that). So tomorrow (i.e. Saturday) is the Jews' (day), and the day after tomorrow (i.e. Sunday) is the Christians'." The Prophet (p.b.u.h) remained silent (for a while) and then said, "It is obligatory for every Muslim that he should take a bath once in seven days, when he should wash his head and body."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to adorn his daughters and slave-girls with gold jewellery and he did not take any zakat from their jewellery.

Malik said, "Anyone who has unminted gold or silver, or gold and silver jewellery which is not used for wearing, must pay zakat on it every year. It is weighed and one-fortieth is taken, unless it falls short of twenty dinars of gold or two hundred dirhams of silver, in which case there is no zakat to pay. Zakat is paid only when jewellery is kept for purposes other than wearing. Bits of gold and silver or broken jewellery which the owner intends to mend to wear are in the same position as goods which are worn by their owner - no zakat has to be paid on them by the owner."

Malik said, "There is no zakat (to pay) on pearls, musk or amber."

Malik related to me that he heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar when asked whether the sons of a man, who had a kitaba written for himself and his children and then died, worked for the kitaba of their father or were slaves, said, "They work for the kitaba of their father and they have no reduction at all for the death of their father."

Malik said, "If they are small and unable to work, one does not wait for them to grow up and they are slaves of their father's master unless the mukatab has left what will pay their instalments for them until they can work. If there is enough to pay for them in what he has left, that is paid for on their behalf and they are left in their condition until they can work, and then if they pay, they are free. If they cannot do it, they are slaves."

Malik spoke about a mukatab who died and left property which was not enough to pay his kitaba, and he also left a child with him in his kitaba and an umm walad, and the umm walad wanted to work for them. He said, "The money is paid to her if she is trustworthy with it and strong enough to work. If she is not strong enough to work and not trustworthy with property, she is not given any of it and she and the children of the mukatab revert to being slaves of the master of the mukatab."

Malik said, "If people are written together in one kitaba and there is no kinship between them, and some of them are incapable and others work until they are all set free, those who worked can claim from those who were unable, the portion of what they paid for them because some of them assumed the responsibility for others."

`Ali bin Abu Talib came out of the house of the Prophet during his fatal ailment. The people asked (`Ali), "O Abu Hasan! How is the health of Allah's Apostle this morning?" `Ali said, "This morning he is better, with the grace of Allah." Al-`Abbas held `Ali by the hand and said, "Don't you see him (about to die)? By Allah, within three days you will be the slave of the stick (i.e., under the command of another ruler). By Allah, I think that Allah's Apostle will die from his present ailment, for I know the signs of death on the faces of the offspring of `Abdul Muttalib. So let us go to Allah's Apostle to ask him who will take over the Caliphate. If the authority is given to us, we will know it, and if it is given to somebody else we will request him to recommend us to him. " `Ali said, "By Allah! If we ask Allah's Apostle for the rulership and he refuses, then the people will never give it to us. Besides, I will never ask Allah's Apostle for it." (See Hadith No 728, Vol 5)

Yahya related to me from Malik that he had heard that a man questioned al-Qasim ibn Muhammad saying, "My imagination works in the prayer, and it happens to me a lot." Al-Qasim ibn Muhammad said, "Go on with your prayer, for it will not go away from you until you go away saying, 'I have not completed my prayer.' "