Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam was brought a man who had snatched some goods and he wanted to cut off his hand. He sent to Zayd ibn Thabit to ask him about it. Zayd ibn Thabit said to him, "The hand is not cut off for what is stolen by chance, openly, in haste."

Malik related to me from Yunus ibn Yusuf from Ata ibn Yasar that Abu Ayyub al-Ansari found some boys who had driven a fox into a corner, and he chased them away from it.

Malik said, "I only know that he said, 'Is this done in the Haram of the Messenger of Allah, may Allah bless him and grant him peace?' "

Malik related to me that Amir ibn Abdullah ibn az-Zubayr would stop speaking when he heard thunder and say, "Glory be to Allah whom the thunder glorifies with His praise and the angels from the fear of Him." (Subhana-aladhee yusabihu ar-radu bi hamdihi wa mala'ikatu min khiyfatihi.) Then he would say, "This is a severe warning to the people of the earth."

I asked Ubai bin Ka`b regarding the two Muwwidhat (Surats of taking refuge with Allah). He said, "I asked the Prophet about them, He said, 'These two Surats have been recited to me and I have recited them (and are present in the Qur'an).' So, we say as Allah's Apostle said (i.e., they are part of the Qur'an."

A lady came to Allah's Apostle and she talked to him about something, and he gave her some order. She said, "O Allah's Apostle! If I should not find you?" He said, "If you should not find me, then go to Abu Bakr." Ibrahim bin Sa`d said, "As if she meant the death (of the Prophet).

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "Someone who prays maghrib or subh and then catches them with the imam should not repeat them."

Malik said, "I do not see any harm in someone who has already prayed in his house praying with the imam, except for maghrib, because if he repeats it, he makes it even."

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, said once at Mina, "This place (where I have just sacrificed), and the whole of Mina, is a place of sacrifice," and he said once during umra, "This place of sacrifice" meaning Marwa, "and all the pathways of Makka and its roads are a place of sacrifice."

Yahya related to me from Malik from Yahya ibn Said that a man came to Umar ibn al-Khattab and asked him about some locusts he had killed while he was in ihram. Umar said to Kab, "Come, let's decide." Kab said, "A dirham," and Umar said to Kab, "You can find dirhams. A date is better than a locust."

A person died and Allah's Apostle used to visit him. He died at night and (the people) buried him at night. In the morning they informed the Prophet (about his death). He said, "What prevented you from informing me?" They replied, "It was night and it was a dark night and so we disliked to trouble you." The Prophet went to his grave and offered the (funeral) prayer.

The Messenger of Allah (saws) as saying: If anyone does not abandon falsehood and action is accordance with it, Allah has no need that he should abandon his food and drink.

The narrator Ahmad (b. Yunus) said: I learnt the chain of narrators from Ibn Abi Dhi'b, and a man by his side made me understand the tradition. I think he was his cousin.

We counted that the Messenger of Allah (saws) would say a hundred times during a meeting: "My Lord, forgive me and pardon me; Thou art the Pardoning and forgiving One".

The Prophet (saws) said: Do not make your houses graves, and do not make my grave a place of festivity. But invoke blessings on me, for your blessings reach me wherever you may be.

I divorced my wife. I then came to Medina to sell my land that was there so that I could buy arms and fight in battle. I met a group of the Companions of the Prophet (saws). They said: Six persons of us intended to do so (i.e. divorce their wives and purchase weapons), but the Prophet (saws) prohibited them. He said: For you in the Messenger of Allah there is an excellent model. I then came to Ibn 'Abbas and asked him about the witr observed by the Prophet (saws). He said: I point to you a person who is most familiar with the witr observed by the Messenger of Allah (saws). Go to 'Aishah. While going to her I asked Hakim b. Aflah to accompany me. He refused, but I adjured him. He, therefore, went along with me. We sought permission to enter upon 'Aishah. She said: Who is this ? He said: Hakim b. Aflah. She asked: Who is with you ? He replied: Sa'd b. Hisham. She said: Hisham son of 'Amir who was killed in the Battle of Uhud. I said: Yes. She said: What a good man 'Amir was! I said: Mother of faithful, tell me about the character of the Messenger of Allah (saws). She asked: Do you not recite the Quran ? The character of Messenger of Allah (saws) was the Qur'an. I asked: Tell me about his vigil and prayer at night. She replied: Do you not recite: "O thou folded in garments" (73:1). I said: Why not ?

When the opening of this Surah was revealed, the Companions stood praying (most of the night) until their fett swelled, and the concluding verses were not revealed for twelve months from heaven. At last the concluding verses were revealed and the prayer at night became voluntary after it was obligatory. I said: Tell me about the witr of the Prophet (saws). She replied: He used to pray eight rak'ahs, sitting only during the eighth of them. Then he would stand up and pray another rak'ahs. He would sit only after the eighth and the ninth rak'ahs. He would utter salutation only after the ninth rak'ah. He would then pray two rak'ahs sitting and that made eleven rak'ahs, O my son. But when he grew old and became fleshy he observed a witr of seven, sitting only in sixth and seventh rak'ahs, and would utter salutation only after the seventh rak'ah. He would then pray two rak'ahs sitting, and that made nine rak'ahs, O my son. The Messenger of Allah (saws) would not pray through a whole night, or recite the whole Qur'an in a night or fast a complete month except in Ramadan. When he offered prayer, he would do that regularly. When he was overtaken by sleep at night, he would pray twelve rak'ahs.

The narrator said: I came to Ibn 'Abbas and narrated all this to him. By Allah, this is really a tradition. Has I been on speaking terms with her, I would have come to her and heard it from her mouth. I said: If I knew that you were not on speaking terms with her, I would have never narrated it to you.

Another chain with similar wording.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "When a man divorces his wife and she begins her third period, she is free from him and he is free from her."

Malik said, "This is how things are done among us."

Yahya related to me from Malik that he heard that the Messenger of Allah, may Allah bless him and grant him peace, said, "I have left two matters with you. As long as you hold to them, you will not go the wrong way. They are the Book of Allah and the Sunna of His Prophet."

Malik related to me from Abd ar-Rahman ibn Harmala that Said ibn al-Musayyab heard the Messenger of Allah, may Allah bless him and grant him peace, say, "Shaytan concerns himself with one and two. When there are three, he does not concern himself with them."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, "If a man does not find the means to spend on his wife, they are to be separated . "

Malik said, "That is what I saw the people of knowledge in our city doing."

29.30 Idda of Widows when Pregnant

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, said, "Try to go straight, although you will not be able to do so. Act, and the best of your actions is the prayer. And only a mumin is constant in his wudu."

Yahya related to me from Malik that Yahya ibn Said said, ''Ubada ibn as-Samit used to lead the people in prayer. One day he came out for subh and the muadhdhin began to give the iqama for the subh prayer Ubada silenced him, prayed witr and then led them in subh."

Yahya related to me from Ibn Shihab from Salim ibn Abdullah from his father that Umar ibn al-Khattab used to take a twentieth from the cereals and olive oil of the Nabatean christians, intending by that to increase the cargo to Madina. He would take a tenth from pulses.

Yahya related to me from Malik, from Yahya ibn Sa'id, from Sulayman ibn Yasar, that the Messenger of Allah, may Allah bless him and grant him peace, was once cupped on the top of his head while he was in ihram, at Lahyay Jamal, which is a place on the road to Makka.

Yahya related to me from Malik from Yahya ibn Said from al-Qasim ibn Muhammad that a certain man had taken a slave-girl belonging to somebody else as a wife. He said to her people, "She is your concern," and people considered that to be one pronouncement of divorce.

I complained to Allah's Apostle that I was sick. He told me to perform the Tawaf behind the people while riding. So I did so and Allah's Apostle was praying beside the Ka`ba and reciting the Sura starting with "Wat-tur wa kitabin mastur."

I used to sit with Ibn `Abbas in Mecca. Once I had a fever and he said (to me), "Cool your fever with Zamzam water, for Allah's Apostle said: 'It, (the Fever) is from the heat of the (Hell) Fire; so, cool it with water (or Zamzam water).

Ibn `Umar asked me about some matters concerning `Umar. He said, "Since Allah's Apostle died. I have never seen anybody more serious, hard working and generous than `Umar bin Al-Khattab (till the end of his life."

I was present with the Messenger of Allah (saws) at the Farewell Pilgrimage. When the sacrificial camels were brought to him, he said: Call AbulHasan (Ali) to me. Ali was then called for and he (the Prophet) said to him: Catch hold of the lower end of the lance, and the Messenger of Allah (saws) himself caught hold of the upper end. He then pierced the camels with it. When he finished slaughtering, he rode on his mule and mounted Ali behind him.

A man who was beautiful came to the Prophet (saws). He said: Messenger of Allah, I am a man who likes beauty, and I have been given some of it, as you see. And I do not like that anyone excels me (in respect of beauty). Perhaps he said: "even to the extent of thong of my sandal (shirak na'li)", or he he said: "to the extent of strap of my sandal (shis'i na'li)". Is it pride? He replied: No, pride is disdaining what is true and despising people.

One night I slept at the house of (my aunt) Maimuna and the Prophet was there on that night. He performed ablution and stood up for the prayer. I joined him and stood on his left side but he drew me to his right and prayed thirteen rak`at and then slept till I heard his breath sounds. And whenever he slept, he used to breathe with audible sounds. The Mu'adh-dhin came to the Prophet and he went out and prayed the morning prayer) without repeating the ablution.

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I said, "O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them." I added, "Indeed in this event there has been a tradition set by Allah's Apostle. The narrator added: Some Ansari people came to the Prophet and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah's Apostle and said to him, "O Allah's Apostle, we have found our companion who had talked with us and gone out before us, swimming in blood (killed)." Allah's Apostle went out and asked them, "Whom do you suspect or whom do you think has killed him?" They said, "We think that the Jews have killed him." The Prophet sent for the Jews and asked them, "Did you kill this (person)?" They replied, "No." He asked the Al-Ansars, "Do you agree that I let fifty Jews take an oath that they have not killed him?" They said, "It matters little for the Jews to kill us all and then take false oaths." He said, "Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?" They said, "We will not take the oath." Then the Prophet himself paid them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-lslamic period of Ignorance. Then, at a place called Al-Batha' (near Mecca), the man attacked a Yemenite family at night to steal from them, but a. man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to `Umar during the Hajj season and said, "He has killed our companion." The Yemenite said, "But these people had repudiated him (i.e., their companion)." `Umar said, "Let fifty persons of Hudhail swear that they had not repudiated him." So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, "We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died." I further said, "`Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham."

Allah's Apostle said, "You see me facing the Qibla; but, by Allah, nothing is hidden from me regarding your bowing and submissiveness and I see you from behind my back."

In the valley of Al-`Aqiq I heard Allah's Apostle saying, "To night a messenger came to me from my Lord and asked me to pray in this blessed valley and to assume Ihram for Hajj and `Umra together. "

Abdullah b. Ja'far reported that one day Allah's Messenger (may peace be upon him) mounted me behind him and narrated to me something in secret which I would narrate to none amongst people.

Hakim bin Hizam said, "I asked Allah's Apostle for something, and he gave me, and I asked him again and he gave me and said, 'O Hakim! This wealth is green and sweet (i.e. as tempting as fruits), and whoever takes it without greed then he is blessed in it, and whoever takes it with greediness, he is not blessed in it and he is like one who eats and never gets satisfied. The upper (i.e. giving) hand is better than the lower (i.e. taking) hand." Hakim added, "I said, O Allah's Apostle! By Him Who has sent you with the Truth I will never demand anything from anybody after you till I die." Afterwards Abu Bakr used to call Hakim to give him something but he refused to accept anything from him. Then `Umar called him to give him (something) but he refused. Then `Umar said, "O Muslims! I offered to him (i.e. Hakim) his share which Allah has ordained for him from this booty and he refuses to take it." Thus Hakim did not ask anybody for anything after the Prophet, till he died--may Allah bestow His mercy upon him.

Ibn `Abbas said: "Allah's Apostle delivered a sermon on the Day of Nahr, and said, 'O people! (Tell me) what is the day today?' The people replied, 'It is the forbidden (sacred) day.' He asked again, 'What town is this?' They replied, 'It is the forbidden (Sacred) town.' He asked, 'Which month is this?' They replied, 'It is the forbidden (Sacred) month.' He said, 'No doubt! Your blood, your properties, and your honor are sacred to one another like the sanctity of this day of yours, in this (sacred) town (Mecca) of yours, in this month of yours.' The Prophet repeated his statement again and again. After that he raised his head and said, 'O Allah! Haven't conveyed (Your Message) to them'. Haven't I conveyed Your Message to them?' " Ibn `Abbas added, "By Him in Whose Hand my soul is, the following was his will (Prophet's will) to his followers:--It is incumbent upon those who are present to convey this information to those who are absent Beware don't renegade (as) disbelievers (turn into infidels) after me, Striking the necks (cutting the throats) of one another.' "

That the Messenger of Allah (saws) said: "Whoever takes a false oath to deprive a Muslim of his wealth, he will meet Allah while He is angry with him."

Al-Ash'ath bin Qais said: "It is about me, by Allah! There was a dispute about some land between myself and a man from the Jews who denied my ownership of it, so I took him to the Prophet (saws). The Messenger of Allah (saws) said to me: 'Do you have any proof ?' I said: 'No'. So he said to Jew: 'Take an oath.' I said: 'O Messenger of Allah! If he takes an oath then my property will be gone!' So Allah, Most High revealed: Verily those who purchase a small gain at the cost of Allah's Covenant and their oaths.. until the end of the Ayah."

[Abu 'Eisa said:] There are narrations on this topic from Wa'il bin Hujr, Abu Musa, Abu Umamah bin Tha'labah Al-Ansari, and 'Imran bin Husain. The Hadith of Ibn Mas'ud is a Hasan Sahih Hadith.