Yahya related to me from Malik that Muhammad ibn Abdullah ibn Abi Maryam once asked Said ibn al-Musayyab about (what to do with) a nail of his that had broken while he was in ihram and Said said, "cut it off."

Malik was asked whether some one in ihram who had an ear-complaint could use medicinal oil which was not perfumed for dropping into his ears, and he said, "I do not see any harm in that, and even if he were to put it into his mouth I still would not see any harm in it."

Malik said that there was no harm in some one in ihram lancing an abscess that he had, or a boil, or cutting a vein, if he needed to do so.

Ayyub ibn Bushayr ibn Ka'b al-Adawi quoted a man of Anazah who said that he asked AbuDharr when he left Syria: I wish to ask you about a tradition of the Messenger of Allah (saws). He said: I shall tell you except that it is something secret. Did the Messenger of Allah (saws) shake hands with you when you met him? He replied: I never met him without his shaking hands with me. One day he sent for me when I was not at home. When I came I was informed that he had sent for me. I came to him and found him on a couch. He embraced me and that was better and better.

When Allah's Apostle was healthy, he used to say, "No prophet dies till he is shown his place in Paradise, and then he is given the option (to live or die)." So when death approached him(during his illness), and while his head was on my thigh, he became unconscious for a while, and when he recovered, he fixed his eyes on the ceiling and said, "O Allah! (Let me join) the Highest Companions (see Qur'an 4:69)," I said, "So, he does not choose us." Then I realized that it was the application of the statement he used to relate to us when he was healthy. So that was his last utterance (before he died), i.e. "O Allah! (Let me join) the Highest Companions."

"The Prophet (saws) prohibited the sale of Habalil-Habalah."

[He said:] There are narrations on this topic from 'Abdullah bin 'Abbas and Abu Sa'eed Al-Khudri

[Abu 'Eisa said:] The Hadith of Ibn 'Umar is Hasan Sahih Hadith. This is acted upon according to the people of knowledge. And Hababil-Habalah is the offspring of the offspring (of an animal). It is an invalid sale according to the people of knowledge and it is type of Gharar sale.

Shu'bah reported this Hadith from Ayyub, from Sa'eed bin Jubair, from Ibn 'Abbas.

'Abdul Wahhab Ath-Thaqafi and others reported it from Ayyub, from Sa'eed bin Jubair and Nafi', from Ibn 'Umar, from the Prophet (saws), and this is more correct.

That he heard Allah's Apostle saying, "Everyone of you is a guardian and is responsible for his charge; the ruler is a guardian and is responsible for his subjects; the man is a guardian in his family and responsible for his charges; a woman is a guardian of her husband's house and responsible for her charges; and the servant is a guardian of his master's property and is responsible for his charge." I definitely heard the above from the Prophet and think that the Prophet also said, "A man is a guardian of his father's property and responsible for his charges; so everyone of you is a guardian and responsible for his charges."

[Abu Dawud and At-Tirmidhi].

Yahya related to me from Malik, from 'Abdullah ibn Abi Bakr ibn Muhammad, that Amra bint 'Abd ar-Rahman told him that Ziyad ibn Abi Sufyan once wrote to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, saying, "'Abdullah ibn Abbas said that whatever was haram for some one doing hajj was also haram for some one who sent a sacrificial animal until the animal was sacrificed. I have sent one, so write and tell me what you say about this, or tell the man in charge of the animal what to do.

Amra said that A'isha said, "It is notas Ibn Abbas has said. I once plaited the garlands for the sacrificial animal of the Messenger of Allah, may Allah bless him and grant him peace, with my own two hands. Then after that the Messenger of Allah, may Allah bless him and grant him peace, himself put the garlands on the animal and then sent it with my father. And there was nothing that Allah had made halal forthe Messenger of Allah, may Allah bless him and grant him peace, that was haram for him until such time as the animal had been sacrificed."

Yahya related to me from Malik from Abu'r-Rijal, Muhammad ibn Abdar-Rahman ibn Haritha that his mother, Amra bint Abd ar-Rahman used to sell her fruit and keep some of it aside.

Malik said, "The generally agreed upon way of doing things among us is that when a man sells the fruit of his orchard, he can keep aside up to a third of the fruit, but that is not to be exceeded. There is no harm in what is less than a third."

Malik added that he thought there was no harm for a man to sell the fruit of his orchard and keep aside only the fruit of a certain palm-tree or palm-trees which he had chosen and whose number he had specified, because the owner was only keeping aside certain fruit of his own orchard and everything else he sold.

The people used to say, "Abu Huraira narrates too many narrations." In fact I used to keep close to Allah's Apostle and was satisfied with what filled my stomach. I ate no leavened bread and dressed no decorated striped clothes, and never did a man or a woman serve me, and I often used to press my belly against gravel because of hunger, and I used to ask a man to recite a Qur'anic Verse to me although I knew it, so that he would take me to his home and feed me. And the most generous of all the people to the poor was Ja`far bin Abi Talib. He used to take us to his home and offer us what was available therein. He would even offer us an empty folded leather container (of butter) which we would split and lick whatever was in it.

Abu Dawud said: Sufyan al-Thawri and Shu’bah b. al-Hajjaj reported on authority of Ubaid b. al-Hasan: There is no mention of the words “after bowing” in this tradition. Sufyan said: we met al-shaikh ‘Ubaid b. al-Hasan; he did not say the words “bowing” in it.

Abu dawud said: Shu’bah narrated this from Abi ‘Ismah, from al-A’mash, on the authority of ‘Ubaid, saying: “after bowing”.

I was in the house of Maymunah. The Messenger of Allah (saws) accompanied by Khalid ibn al-Walid entered. Two roasted long-tailed lizards (dabb) placed on the sticks were brought to him. The Messenger of Allah (saws) spat. Khalid said: I think that you abominate it, Messenger of Allah. He said: Yes. Then the Messenger of Allah (saws) was brought milk, and he drank (it). The Messenger of Allah (saws) then said: When one of you eats food, he should say: O Allah, bless us in it, and give us food (or nourishment) better than it. When he is given milk to drink he should say: O Allah! bless us in it and give us more of it, for no food or drink satisfies like milk.

Abu Dawud said: This is the Musaddad's version.

That `Amra bint `Abdur-Rahman had told him, "Zaid bin Abu Sufyan wrote to `Aisha that `Abdullah bin `Abbas had stated, 'Whoever sends his Hadi (to the Ka`ba), all the things which are illegal for a (pilgrim) become illegal for that person till he slaughters it (i.e. till the 10th of Dhul-Hijja).' " `Amra added, `Aisha said, 'It is not like what Ibn `Abbas had said: I twisted the garlands of the Hadis of Allah's Apostle with my own hands. Then Allah's Apostle put them round their necks with his own hands, sending them with my father; Yet nothing permitted by Allah was considered illegal for Allah's Apostle till he slaughtered the Hadis.' "

Yahya related to me from Malik, from Nafi, that Abdullah ibn Umar used to say, "A menstruating woman who wants to go into ihram to do either hajj or umra can do so if she so wishes, but she cannot do tawaf of the House, nor the say between Safa and Marwa. She can participate in all the rituals along with everybody else, except that she cannot do tawaf of the House, nor the say between Safa and Marwa, nor can she come near the mosque until she is pure."

Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride- price.

Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him."

A group of Jews came to Allah's Apostle and said, "As-samu 'Alaika " (Death be on you), and I understood it and said to them, "Alaikum AsSamu wa-l-la'na (Death and curse be on you)." Allah's Apostle said, "Be calm! O `Aisha, for Allah loves that one should be kind and lenient in all matters." I said. "O Allah's Apostle! Haven't you heard what they have said?" Allah's Apostle said, "I have (already) said (to them), 'Alaikum (upon you).' "

That the Messenger of Allah (saws) said: "Whichever person becomes bankrupt, and a man finds his particular merchandise with him, then he is more deserving of it than others.

[He said:] There are narrations on this topic from Samurah and Ibn 'Umar.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to some of the people of knowledge and it is the view of Ash-Shafi'i, Ahmad, and Ishaq.

Some of the people of knowledge said that he is just like one of the debtors. This is the view of the people of Al-Kufah.

That 'Umair bin Al-Aswad Al-Anasi told him that he went to 'Ubada bin As-Samit while he was staying in his house at the sea-shore of Hims with (his wife) Um Haram. 'Umair said. Um Haram informed us that she heard the Prophet saying, "Paradise is granted to the first batch of my followers who will undertake a naval expedition." Um Haram added, I said, 'O Allah's Apostle! Will I be amongst them?' He replied, 'You are amongst them.' The Prophet then said, 'The first army amongst' my followers who will invade Caesar's City will be forgiven their sins.' I asked, 'Will I be one of them, O Allah's Apostle?' He replied in the negative."

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "Once when I was young I said to A'isha, umm al-muminin, 'Have you seen the saying of Allah, the Blessed and Exalted, "Safa and Marwa are among the waymarks of Allah, so whoever does hajj or umra to the House, there is no harm in his going between them," so it follows that there should be no harm for some one who does not go between them.'

A'isha said, 'No. If it were as you say, there would be no harm in his not going between them. This ayat was only revealed about the Ansar. They used to make pilgrimage to Manat, and Manat was an idol near Qudayd, and they used to avoid going between Safa and Marwa, and when Islam came they asked the Messenger of Allah, may Allah bless him and grant him peace, about this and Allah, the Blessed and Exalted, revealed, "Safa and Marwa are among the waymarks of Allah, so whoever does hajj or umra to the House, there is no harm in his going between them. " ' "

Two old ladies from among the Jewish ladies entered upon me and said' "The dead are punished in their graves," but I thought they were telling a lie and did not believe them in the beginning. When they went away and the Prophet entered upon me, I said, "O Allah's Apostle! Two old ladies.." and told him the whole story. He said, "They told the truth; the dead are really punished, to the extent that all the animals hear (the sound resulting from) their punishment." Since then I always saw him seeking refuge with Allah from the punishment of the grave in his prayers.

The Jews used to greet the Prophet by saying, "As-Samu 'Alaika (i.e., death be upon you), so I understood what they said, and I said to them, "As-Samu 'alaikum wal-la'na (i.e. Death and Allah's Curse be upon you)." The Prophet said, "Be gentle and calm, O `Aisha, as Allah likes gentleness in all affairs." I said, "O Allah's Prophet! Didn't you hear what they said?" He said, "Didn't you hear me answering them back by saying, 'Alaikum (i.e., the same be upon you)?"

Allah's Apostle appointed a man as the ruler of Khaibar who later brought some Janib (i.e. dates of good quality) to the Prophet. On that, Allah's Apostle said (to him). "Are all the dates of Khaibar like this?" He said, "No, by Allah, O Allah's Apostle! But we take one Sa of these (dates of good quality) for two or three Sa's of other dates (of inferior quality)." On that, Allah's Apostle said, "Do not do so, but first sell the inferior quality dates for money and then with that money, buy Janib."

The Prophet once passed by two graves and said, "They (the deceased persons in those graves) are being tortured not for a great thing to avoid." And then added, "Yes, (they are being punished for a big sin), for one of them used to go about with calumnies while the other never saved himself from being soiled with his urine." (Ibn `Abbas added): Then he took a green leaf of a date-palm) and split it into two pieces and fixed one piece on each grave and said, "May their punishment be abated till these (two pieces) get dry."

Ibn `Umar used to kill snakes, but afterwards he forbade their killing and said, "Once the Prophet pulled down a wall and saw a cast-off skin of a snake in it. He said, 'Look for the snake. 'They found it and the Prophet said, "Kill it." For this reason I used to kill snakes. Later on I met Abu Lubaba who told me the Prophet said, 'Do not kill snakes except the short-tailed or mutilated-tailed snake with two white lines on its back, for it causes abortion and makes one blind. So kill it.' "

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)

Abu Dawud said: The following words of this tradition are not supported by any other tradition “You should not eat of it yourself nor any of your companions”.

The version of `Abdal Warith has the words “then hang it in its neck” instead of the words “mark or strike with it”. Abu Dawud said I heard Abu Salamah say if the chain of narrators and the meaning are correct, it is sufficient for you.

Yahya related to me from Malik from Ibn Shihab that the Messenger of Allah, may Allah bless him and grant him peace, said, "Two deens shall not co-exist in the Arabian Peninsula."

Malik said that Ibn Shihab said, ''Umar ibn al-Khattab searched for information about that until he was absolutely convinced that the Messenger of Allah, may Allah bless him and grant him peace, had said, 'Two deens shall not co-exist in the Arabian Peninsula,' and he therefore expelled the jews from Khaybar."

Malik said, ''Umar ibn al-Khattab expelled the jews from Najran (a jewish settlement in the Yemen) and Fadak (a jewish settlement thirty miles from Madina). When the jews of Khaybar left, they did not take any fruit or land. The jews of Fadak took half the fruit and half the land, because the Messenger of Allah, may Allah bless him and grant him peace, had made a settlement with them for that. So Umar entrusted to them the value in gold, silver, camels, ropes and saddle bags of half the fruit and half the land, and handed the value over to them and expelled them."

Somebody said to Usama, "Will you go to so-and-so (i.e. `Uthman) and talk to him (i.e. advise him regarding ruling the country)?" He said, "You see that I don't talk to him. Really I talk to (advise) him secretly without opening a gate (of affliction), for neither do I want to be the first to open it (i.e. rebellion), nor will I say to a man who is my ruler that he is the best of all the people after I have heard something from Allah s Apostle ." They said, What have you heard him saying? He said, "I have heard him saying, "A man will be brought on the Day of Resurrection and thrown in the (Hell) Fire, so that his intestines will come out, and he will go around like a donkey goes around a millstone. The people of (Hell) Fire will gather around him and say: O so-and-so! What is wrong with you? Didn't you use to order us to do good deeds and forbid us to do bad deeds? He will reply: Yes, I used to order you to do good deeds, but I did not do them myself, and I used to forbid you to do bad deeds, yet I used to do them myself."

When Abu Talib was in his death bed, the Prophet went to him while Abu Jahl was sitting beside him. The Prophet said, "O my uncle! Say: None has the right to be worshipped except Allah, an expression I will defend your case with, before Allah." Abu Jahl and `Abdullah bin Umaiya said, "O Abu Talib! Will you leave the religion of `Abdul Muttalib?" So they kept on saying this to him so that the last statement he said to them (before he died) was: "I am on the religion of `Abdul Muttalib." Then the Prophet said, " I will keep on asking for Allah's Forgiveness for you unless I am forbidden to do so." Then the following Verse was revealed:-- "It is not fitting for the Prophet and the believers to ask Allah's Forgiveness for the pagans, even if they were their near relatives, after it has become clear to them that they are the dwellers of the (Hell) Fire." (9.113) The other Verse was also revealed:-- "(O Prophet!) Verily, you guide not whom you like, but Allah guides whom He will ......." (28.56)

My foster-father said to me - he was one of Banu Murrah ibn Awf, and he was present in that battle, the battle of Mu'tah: By Allah, as if I am seeing Ja'far who jumped from his reddish horse and hamstrung it; he then fought with the people until he was killed.

Abu Dawud said: The tradition is not strong.

I heard the Messenger of Allah (saws) Said: Allah , Most Exalted, has appointed for everyone who has a right what is due to him, and no will be made to an heir, and a woman should not spend anything from her house except with the permission of her husband. He was asked: Even foodgrain, Messenger of Allah? He replied: That is the best of our property. He then said: A loan must be paid back, a she-camel lent for a time for milking must be returned, a debt must be discharged, one who stands surety is held responsible.

The Prophet (saws) said: I forbade you three things, and now I command (permit) you for them. I forbade you to visit graves, now you may visit them, for in visiting them there is admonition. I forbade you drinks except from skin vessels, but now you may drink from any kind of vessels, but do not drink an intoxicant. I forbade you to eat the meat of sacrificial animals after three days, but now you may eat and enjoy it during your journeys.

If anyone says in the morning: "O Allah! whatever oath I take, whatever word I speak, and whatever vow I take, Thine will precedes all that: whatever Thou willeth, occurs, and whatever Thou dost not will, dost not occur. O Allah! pardon me and disregard me for it. O Allah! whomsoever Thou sendest thine blessing, to him my blessing is due, and whomsoever thou cursest, to him my curse is due, " exemption from it will be granted to him that day.

(The Prophet) Solomon son of (the Prophet) David said, "Tonight I will go round (i.e. have sexual relations with) one hundred women (my wives) everyone of whom will deliver a male child who will fight in Allah's Cause." On that an Angel said to him, "Say: 'If Allah will.' " But Solomon did not say it and forgot to say it. Then he had sexual relations with them but none of them delivered any child except one who delivered a half person. The Prophet said, "If Solomon had said: 'If Allah will,' Allah would have fulfilled his (above) desire and that saying would have made him more hopeful."

Allah's Apostle said, "Shall I tell you of the best families among the Ansar?" They (the people) said, "Yes, O Allah's Apostle!" The Prophet said, "The best are Banu- An-Najjar, and after them are Banu `Abdil Ash-hal, and after them are Banu Al-Harith bin Al-Khazraj, and after them are Banu Sa`ida." The Prophet then moved his hand by closing his fingers and then opening them like one throwing something, and then said, "Anyhow, there is good in all the families of the Ansar. "

I heard Allah's Apostle saying. "All the sins of my followers will be forgiven except those of the Mujahirin (those who commit a sin openly or disclose their sins to the people). An example of such disclosure is that a person commits a sin at night and though Allah screens it from the public, then he comes in the morning, and says, 'O so-and-so, I did such-and-such (evil) deed yesterday,' though he spent his night screened by his Lord (none knowing about his sin) and in the morning he removes Allah's screen from himself."

Allah's Apostle proceeded from `Arafat and dismounted at the mountainous pass and then urinated and performed a light ablution. I said to him, "(Shall we offer) the prayer?" He replied, "The prayer is ahead of you (i.e. at Al-Muzdalifa)." When he came to Al-Muzdalifa, he performed a perfect ablution. Then Iqama for the prayer was pronounced and he offered the Maghrib prayer and then every person made his camel kneel at his place; and then Iqama for the prayer was pronounced and he offered the (`Isha') prayer and he did not offer any prayer in between them (i.e. Maghrib and `Isha' prayers).

Jabir bin `Abdullah said, "We set out, and we were three-hundred men carrying our journey-food on our shoulders. Then we began to eat a single date each per day." A man asked (Jabir), "O Abu `Abdullah! How could a person be satisfied with a single date?" Jabir replied, "We realized the value of that one date when we could not even have that much till we reached the sea-shore, when all of a sudden we saw a huge fish cast by the sea. So, we ate of it as much as we wished for eighteen days."

Abu Dawud said: The narrators other than Qutaibah said: This refer to his bath due to sexual defilement.