Abu Dawud said: This has also been transmited by Abu al-Walid from Sulaiman bin Kathir from Az-Zuhri.

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and from Abu Salama ibn Abd ar-Rahman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace ,said, "There is a tax of a fifth on buried treasure."

The Prophet (saws) did not prescribe any punishment for drinking wine. Ibn Abbas said: A man who had drunk wine and become intoxicated was found staggering on the road, so he was taken to the Prophet (saws). When he was opposite al-Abbas's house, he escaped, and going in to al-Abbas, he grasped hold of him. When that was mentioned to the Prophet (saws), he laughed and said: Did he do that? and he gave no command regarding him.

Abu Dawud said: This tradition of al-Hasan b. 'Ali has been transmitted only by the people of Medina.

I proceeded till I entered upon `Umar (and while I was sitting there), his gate-keeper Yarfa came to him and said, " `Uthman, `Abdur-Rahman, Az-Zubair and Sa`d ask your permission to come in." `Umar allowed them. So they entered, greeted, and sat down. (After a while the gatekeeper came) and said, "Shall I admit `Ali and `Abbas?'' `Umar allowed them to enter. Al-`Abbas said "O Chief of the believers! Judge between me and the oppressor (`Ali)." Then there was a dispute (regarding the property of Bani Nadir) between them (`Abbas and `Ali). `Uthman and his companions said, "O Chief of the Believers! Judge between them and relieve one from the other." `Umar said, "Be patient! beseech you by Allah, with Whose permission the Heaven and the Earth Exist! Do you know that Allah's Apostle said, 'Our property is not to be inherited, and whatever we leave is to be given in charity,' and by this Allah's Apostle meant himself?" On that the group said, "He verily said so." `Umar then faced `Ali and `Abbas and said, "I beseech you both by Allah, do you both know that Allah's Apostle said so?" They both replied, "Yes". `Umar then said, "Now I am talking to you about this matter (in detail) . Allah favored Allah's Apostle with some of this wealth which He did not give to anybody else, as Allah said: 'What Allah bestowed as Fai (Booty on His Apostle for which you made no expedition... ' (59.6) So that property was totally meant for Allah's Apostle, yet he did not collect it and ignore you, nor did he withhold it with your exclusion, but he gave it to you and distributed it among you till this much of it was left behind, and the Prophet, used to spend of this as the yearly expenditures of his family and then take what remained of it and spent it as he did with (other) Allah's wealth. The Prophet did so during all his lifetime, and I beseech you by Allah, do you know that?" They replied, "Yes." `Umar then addressed `Ali and `Abbas, saying, "I beseech you both by Allah, do you know that?" Both of them replied, "Yes." `Umar added, "Then Allah took His Apostle unto Him. Abu Bakr then said 'I am the successor of Allah's Apostle' and took over all the Prophet's property and disposed of it in the same way as Allah's Apostle used to do, and you were present then." Then he turned to `Ali and `Abbas and said, "You both claim that Abu Bakr did so-and-so in managing the property, but Allah knows that Abu Bakr was honest, righteous, intelligent, and a follower of what is right in managing it. Then Allah took Abu Bakr unto Him, 'I said: I am the successor of Allah's Apostle and Abu Bakr.' So I took over the property for two years and managed it in the same way as Allah's Apostle, and Abu Bakr used to do. Then you both (`Ali and `Abbas) came to me and asked for the same thing! (O `Abbas! You came to me to ask me for your share from nephew's property; and this (`Ali) came to me asking for his wives share from her father's property, and I said to you both, 'If you wish, I will place it in your custody on condition that you both will manage it in the same way as Allah's Apostle and Abu Bakr did and as I have been doing since I took charge of managing it; otherwise, do not speak to me anymore about it.' Then you both said, 'Give it to us on that (condition).' So I gave it to you on that condition. Now I beseech you by Allah, did I not give it to them on that condition?" The group (whom he had been addressing) replied, "Yes." `Umar then addressed `Abbas and `Ali saying, "I beseech you both by Allah, didn't I give you all that property on that condition?" They said, "Yes." `Umar then said, "Are you now seeking a verdict from me other than that? By Him with Whose Permission the Heaven and the Earth exists I will not give any verdict other than that till the Hour is established; and if you both are unable to manage this property, then you can hand it back to me, and I will be sufficient for it on your behalf." (See, Hadith No. 326, Vol. 4)

AbuNadrah reported: An old man of Tufawah said to me: I was a guest of AbuHurayrah at Medina. I did not find any one of the companions of the Prophet (saws) more devoted to worship and more hospitable than AbuHurayrah.

One day I was with him when he was sitting on his bed. He had a purse which contained pebbles or kernels. A black slave-girl of his was sitting below. Counting them he was glorifying Allah. When the pebbles or the kernels in the purse were finished, she gathered them and put them again in the purse, and gave it to him. He said: Should I not tell you about me and about the Messenger of Allah (saws)?

I said: Yes. He said: Once when I was laid up with fever in the mosque, the Messenger of Allah (saws) came and entered the mosque, and said: Who saw the youth of ad-Daws. He said this three times.

A man said: Messenger of Allah, there he is, laid up with fever on one side of the mosque. He moved, walking forward till he reached me. He placed his hand on me. He had a kind talk with me, and I rose. He then began to walk till he reached the place where he used to offer his prayer. He paid his attention to the people. There were two rows of men and one row of women, or two rows of women and one row of men (the narrator is doubtful).

He then said: If Satan makes me forget anything during the prayer, the men should glorify Allah, and the women should clap their hands. The Messenger of Allah (saws) then prayed and he did not forget anything during the prayer.

He said: Be seated in your places, be seated in your places. The narrator, Musa, added the word "here". He then praised Allah and exalted Him, and said: Now to our topic.

The agreed version begins: He then said: Is there any man among you who approaches his wife, closes the door, covers himself with a curtain, and he is concealed with the curtain of Allah?

They replied: Yes. He said: later he sits and says: I did so-and-so; I did so-and-so. The people kept silence. He then turned to the women and said (to them): Is there any woman among you who narrates it? They kept silence. Then a girl fell on one of her knees. The narrator, Mu'ammil, said in his version: a buxom girl. She raised her head before the Messenger of Allah (saws) so that he could see her and listen to her.

She said: Messenger of Allah, they (the men) describe the secrets (of intercourse) and they (the women) also describe the secrets (of intercourse) to the people.

He said: Do you know what the similitude is? He said: The likeness of this act is the likeness of a female Satan who meets the male Satan on the roadside; he fulfils his desire with her while the people are looking at him. Beware! The perfume of men is that whose smell becomes visible and its colour does not appear. Beware! The perfume of women is that whose colour becomes visible and whose smell is not obvious.

AbuDawud said: From here I remembered this tradition from Mu'ammil and Musa: Beware! No man should lie with another man, no woman should lie with another woman except with one's child or father. He also mentioned a third which I have forgotten. This has been mentioned in the version of Musaddad, but I do not remember it as precisely as I like.

The narrator, Musa, said: Hammad narrated this tradition from al-Jarir from AbuNadrah from at-Tufawi.

Yahya related to me from Malik from Ibn Shihab from Ata ibn Yazid al-Laythi from Abu Ayyub al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is not halal for a muslim to shun his brother for more than three nights, that is they meet, and this one turns away and that one turns away. The better of the two is the one who says the greeting first."

Abu Hurairah said “When Allah, the Exalted, granted the conquest of Makkah to his Apostle, the Prophet(saws) stood among them(the people) and praised Allaah and extolled Him. He then said, Verily Allaah stopped the Elephant from Makkah, and gave His Apostle and the believers sway upon it and it has been made lawful for me only for one hour on one day then it will remain sacred till the Day of Resurrection. Its trees are not to be cut, its game is not to be molested and the things dropped there are to be picked up only by one who publicly announces it. ‘Abbas or Al ‘Abbas suggested “Apostle of Allaah(saws) except the rush(idhkir) for it is useful for our graves and our houses. The Apostle of Allaah(saws) said “Except the rush.”

Abu Dawud said “Ibn Al Musaffa added on the authority of Al Walid Abu Shah a man from the people of the Yemen stood and said “Give me in writing, Apostle of Allaah(saws)”. The Apostle of Allaah(saws) said “Give in writing to Abu Shah. I said to Al Awza’i “What does the statement mean? Give Abu Shah in writing?” He said “This was an address which he heard from the Apostle of Allaah(saws).”

That the Prophet (saws) said: "Use Ithmid for Kohl, for it clears the vision and grows the hair (eye-lashes)." And he claimed that the Prophet (saws) had a Kohl holder with which he would apply Kohl every night, three in this (eye) and three in this.

Another chain with similar meaning.

He said: There are narrations on this topic from Jabir and Ibn 'Umar

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas is a Hasan Gharib Hadith, we do not know of it with this wording except from the narration of 'Abbas bin Mansur.

"The Messenger of Allah (saws) prohibited two sales in one."

There are narrations on this topic from 'Abdullah bin 'Amr, Ibn 'Umar, and Ibn Mas'ud.

[Abu Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith.

This is acted upon according to the people of knowledge. Some of the people of knowledge have explained it by saying that two sales in one is when one says: "I will sell you this garment for ten in cash, and twenty on credit." He does not distinguish between either of the two sales. But when he distinguishes it as being one of them, then there is no harm when one of them is agreed upon.

Ash-Shafi'i said: "Included in the meaning of what the Prophet (saws) prohibited of regarding two sales in one, is if one said: 'I will sell you the house of mine for that (price), upon the condition that you sell me you alve for this (price). When I get the slave, then you get the house.' In this way the sales are distinguished without the prices being known, and neither of them knows what will happen at the conclusion of it (the agreement)."

The Messenger of Allah (saws) performed four 'Umrahs all in Dhu al-Qa'dah except the one which he performed along with Hajj.

Abu Dawud said: From here the narrator Hudbah (b. Khalid) became certain. I heard it from Abu al-Walid , but I did nor retain: An 'Umrah, during the treaty of al-Hudaibiyyah, or from al-Hudaibiyyah ; and 'Umrat al-Qada' in Dhu al-Qa'dah, and an 'Umrah from al-Ji'ranah where he (the Prophet) distributed the booty of Hunain in Dhu al-Qa'dah, and an 'Umrah along with his Hajj.

The Messenger of Allah (saws) gave us an address and said: The best of you is the one who defends his tribe, so long as he commits no sin.

Abu Dawud said: Abu Ayyub b. Suwaid is weak.

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

The Prophet (saws) granted permission to a person who was sexually defiled to eat or drink or sleep after performing ablution.

Abu Dawud said: In the chain of this tradition there is a narrator between Yahya b. Ya'mur and 'Ammar b. Yasir. 'Ali b. Abi Talib, Ibn 'Umar and 'Abd Allah b. 'Amr said: When a person is sexually defiled wants to eat, he should perform ablution.

Jabir bin `Abdullah said to me, "Your cousin (Hasan bin Muhammad bin Al-Hanafiya) came to me and asked about the bath of Janaba. I replied, 'The Prophet uses to take three handfuls of water, pour them on his head and then pour more water over his body.' Al-Hasan said to me, 'I am a hairy man.' I replied, 'The Prophet had more hair than you'. "

One day the Prophet divided and distributed something amongst the people whereupon an Ansari man said, "In this division Allah's Countenance has not been sought." I said, "By Allah! I will go (and inform) the Prophet." So I went to him while he was with a group of people, and I secretly informed him of that, whereupon he became so angry that his face became red, and he then said, "May Allah bestow His Mercy on Moses (for) he was hurt more than that, yet he remained patient."

That Allah's Apostle said, "Allah will not look on the Day of Judgment at him who drags his robe (behind him) out of pride." Abu Bakr said "One side of my robe slacks down unless I get very cautious about it." Allah's Apostle said, "But you do not do that with a pride."

The tradition mentioned above (No. 4401) has also been transmitted by Ubadah ibn as-Samit through a different chain of narrators.

This version has: The people said to Sa'd ibn Ubadah: AbuThabit, the prescribed punishments have been revealed: if you find a man with your wife, what will you do?

He said: I shall strike them with a sword so much that they become silent (i.e. die). Should I go and gather four witnesses? Until that (time) the need would be fulfilled.

So they went away and gathered with the Messenger of Allah (saws) and said: Messenger of Allah! did you not see AbuThabit. He said so-and-so.

The Messenger of Allah (saws) said: The sword is a sufficient witness. He then said: No, no, a furious and a jealous man may follow this course.

Abu Dawud said: This tradition has been transmitted by Waki' from al-Fadl b. Dilham from al-Hasan, from Qabisah b. Huraith, from Salamah b. al-Muhabbaq, from the Prophet (saws). And this is the chain of the tradition narrated by Ibn al-Muhabbaq to the effect that a man had sexual intercourse with a slave girl of his wife.

Abu Dawud said: Al-Fadl b. Dilham was not the memoriser of traditions. He was a butcher in Wasit.

[Al-Bukhari].

The Prophet said, "If anyone of you enters a Mosque, he should not sit until he has offered a tworak` at prayer."

"The Messenger of Allah (saws) prohibited wearing Al-Qassi and what was dyed with 'Usfur."

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

that Thabit bin Ad-Dahhak had informed him that he was one of those who had given the Pledge of allegiance (of Al-Hudaibiya) beneath the Tree.

Abu Dawud said : This tradition has also been narrated by Habib b. al-shahid, Humaid, Yunus, and Asim b. al-Ahwal, from Muhammad on the authority of abu Hurairah none of them mentioned what Hammad b. Zaid mentioned from from Hisham that he uttered the takbir; then uttered the takbir and prostrated himself. Hammad b. Sulaimah and Abu BAkr b. ‘Ayyash also narrated this tradition from Hisham, but they did not narrate from him what HAmmad b. zaid narrated that he uttered the takbir and again uttered the takbir.

Ishaq ibn Abdullah ibn Kinanah reported: Al-Walid ibn Utbah or (according to the version of Uthman) al-Walid ibn Uqbah, the then governor of Medina, sent me to Ibn Abbas to ask him about the prayer for rain offered by the Messenger of Allah (saws). He said: The Messenger of Allah (saws) went out wearing old clothes in a humble and lowly manner until he reached the place of prayer. He then ascended the pulpit, but he did not deliver the sermon as you deliver (usually). He remained engaged in making supplication, showing humbleness (to Allah) and uttering the takbir (Allah is most great). He then offered two rak'ahs of prayer as done on the 'Id (festival).

Abu Dawud said: This is the version of al-Nufail. What is correct is Ibn Utbah's

In the lifetime of Allah's Apostle the mosque was built of adobes, its roof of the leaves of date-palms and its pillars of the stems of date-palms. Abu Bakr did not alter it. `Umar expanded it on the same pattern as it was in the lifetime of Allah's Apostle by using adobes, leaves of date-palms and changing the pillars into wooden ones. `Uthman changed it by expanding it to a great extent and built its walls with engraved stones and lime and made its pillars of engraved stones and its roof of teak wood.

That the Messenger of Allah (saws) said: "Do not practice An-Najsh."

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

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge, they disliked An-Najsh.

[Abu 'Eisa said:] An-Najsh is when a man who knows about the goods comes to the owner of the goods to offer him more than what it is worth, doing so in the presence of the buyer. He intends to seduce the buyer while he himself does not want to buy it, rather he only wants to deceive the buyer with his offer. And this is type of deceit.

Ash-Shafi'i said: "If a man commits An-Najsh the he has sinned due to what he has done, but the sale is permissible, because the buyer did not commit An-Najsh."

Abu Huraira said that Allah's Apostle said, "I have been sent with 'Jawami-al-Kalim ' (the shortest expression with the widest meaning) and have been made victorious with awe (cast in my enemy's hearts), and while I was sleeping, I saw that the keys of the treasures of the world were placed in my hand." Abu Huraira added: Allah's Apostle has gone, and you people are utilizing those treasures, or digging those treasures out." or said a similar sentence.

The Prophet offered one of the evening prayers (the sub-narrator Muhammad said, "I think that it was most probably the `Asr prayer") and he finished it after offering two rak`at only. He then stood near a price of wood in front of the Mosque and put his hand over it. Abu Bakr and `Umar were amongst those who were present, but they dared not talk to him about that (because of excessive respect for him), and those who were in a hurry went out. They said, "Has the prayer been reduced?" A man who was called Dhul-Yadain by the Prophet said (to the Prophet), "Has the prayer been reduced or have you forgotten?" He said, "Neither have I forgotten, nor has the prayer been reduced." He said, "Certainly you have forgotten." So the Prophet offered two more rak`at and performed Taslim and then said Takbir and performed a prostration of Sahu like his ordinary prostration or a bit longer and then raised his head and said Takbir and then put his head down and performed a prostration like his ordinary prostration or a bit longer, and then raised his head and said Takbir.

The Messenger of Allah (saws) sent ahead some boys from Banu AbdulMuttalib on donkeys on the night of al-Muzdalifah. He began to pat our thighs (out of love) and said: O young! boys do not throw pebbles at the jamrah till the sun rises.

Abu Dawud said: The Arabic word al-lath means to strike softly.

We used to strike the drunks with our hands, shoes, clothes (by twisting it into the shape of lashes) during the lifetime of the Prophet, Abu Bakr and the early part of `Umar's caliphate. But during the last period of `Umar's caliphate, he used to give the drunk forty lashes; and when drunks became mischievous and disobedient, he used to scourge them eighty lashes.

Abu Dawud said: Ibn-Zubair made two prostrations before giving the salutation in a similar way when he stood up at the end of two rak’ahs. This is the opinion of al-Zuhrl.

The Prophet forbade the eating of wild animals having fangs. (Az-Zuhri said: I did not hear this narration except when I went to Sham.) Al-Laith said: Narrated Yunus: I asked Ibn Shihab, "May we perform the ablution with the milk of she-asses or drink it, or drink the bile of wild animals or urine of camels?" He replied, "The Muslims used to treat themselves with that and did not see any harm in it. As for the milk of she-asses, we have learnt that Allah's Apostle forbade the eating of their meat, but we have not received any information whether drinking of their milk is allowed or forbidden." As for the bile of wild animals, Ibn Shihab said, "Abu Idris Al-Khaulani told me that Allah's Apostle forbade the eating of the flesh of every wild beast having fangs . "

That they visited Abu Sa`id Al-Khudri and asked him about Al-Harauriyya, a special unorthodox religious sect, "Did you hear the Prophet saying anything about them?" Abu Sa`id said, "I do not know what Al-Harauriyya is, but I heard the Prophet saying, "There will appear in this nation---- he did not say: From this nation ---- a group of people so pious apparently that you will consider your prayers inferior to their prayers, but they will recite the Qur'an, the teachings of which will not go beyond their throats and will go out of their religion as an arrow darts through the game, whereupon the archer may look at his arrow, its Nasl at its Risaf and its Fuqa to see whether it is blood-stained or not (i.e. they will have not even a trace of Islam in them).

That he heard `Umar speaking while standing on the pulpit of the Prophet in the morning (following the death of the Prophet), when the people had sworn allegiance to Abu Bakr. He said the Tashah-hud before Abu Bakr, and said, "Amma Ba'du (then after) Allah has chosen for his Apostle what is with Him (Paradise) rather than what is with you (the world). This is that Book (Qur'an) with which Allah guided your Apostle, so stick to it, for then you will be guided on the right path as Allah guided His Apostle with it."

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.' "

I heard Allah's Apostle who was on the pulpit, saying, "Banu Hisham bin Al-Mughira have requested me to allow them to marry their daughter to `Ali bin Abu Talib, but I don't give permission, and will not give permission unless `Ali bin Abi Talib divorces my daughter in order to marry their daughter, because Fatima is a part of my body, and I hate what she hates to see, and what hurts her, hurts me."

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman that al-Qaqa ibn Hakim and Zayd ibn Aslam sent him to Said ibn al-Musayyab to ask how a woman who was bleeding as if menstruating should do ghusl. Said said, "She does a ghusl to cover from the end of one period to the end of the next, and does wudu for every prayer, and if bleeding overtakes her she should bind her private parts."

The mu'adhdhin of Ibn Umar said: prayer (i.e. the time of prayer has come). He said: Go ahead. He then alighted before the disappearance. He then offered the night prayer. He then said: When the Messenger of Allah (saws) was in a hurry about something, he would do as I did. Then he travelled and covered a distance of three days' journey on the day.

Abu Dawud said: A similar tradition has been transmitted by Ibn Jabir from Nafi' with the same chain.

That the Prophet (saws), "There is no person who dies having good (prepared for him) with Allah, who wishes to return to the world, and to have the world and all it contains, except for the martyr because of what he knows about the virtue of martyrdom. For, indeed he loves to return to the world so that he may be killed another time."

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

Ibn 'Umar said: "Sufyan bin 'Uyainah said: "Amr bin Dinar was older than Az-Zuhri.'"

Yahya related to me from Malik that he had heard that Abdullah ibn Umar and Abu Hurayra were asked about a man who gave his wife power over herself, and she returned it to him without doing anything with it. They said that there was no divorce. (i.e. The man's giving his wife power over herself was not interpreted as a desire for divorce on his part.)

The Prophet said Allah will not look, on the Day of Resurrection at the person who drags his garment (behind him) out of conceit. On that Abu Bakr said, "O Allah's Apostle! One side of my Izar hangs low if I do not take care of it." The Prophet said, 'You are not one of those who do that out of conceit."

Abu Dawud said: In this way Hashim al-dastawa’I transmitted it from Qatadah, but he said : “If anyone memorizes the closing verses of surat al-Kahf.” Shu’bah narrated from Qatadah the words “from the end of al-Kahf.

`Abdullah bin `Umar came to us and we hoped that he would narrate to us a good Hadith. But before we asked him, a man got up and said to him, "O Abu `Abdur-Rahman! Narrate to us about the battles during the time of the afflictions, as Allah says:-- 'And fight them until there is no more afflictions (i.e. no more worshipping of others besides Allah).'" (2.193) Ibn `Umar said (to the man), "Do you know what is meant by afflictions? Let your mother bereave you! Muhammad used to fight against the pagans, for a Muslim was put to trial in his religion (The pagans will either kill him or chain him as a captive). His fighting was not like your fighting which is carried on for the sake of ruling."