Yahya related to me from Malik, from Nafi, that Abdullah ibn Umar used to say, "Someone in ihram should not be cupped, except when there is no other alternative."

Malik said, "Someone who is in ihram should not be cupped except when it is necessary."

Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it was to be used to fulfil the obligation of freeing a slave, and he said, "No."

Malik said, "That is the best of what I have heard on the obligation of freeing slaves. Someone who has to set a slave free because of an obligation on him, may not buy one on the condition that he sets it free because if he does that, whatever he buys is not completely a slave because he has reduced its price by the condition he has made of setting it free."

Malik added, "There is no harm, however, in someone buying a person expressly to set him free."

Malik said, "The best of what I have heard on the obligation of freeing slaves is that it is not permitted to free a christian or a jew to fulfil it, and one does not free a mukatab or a mudabbar or an umm walad or a slave to be freed after a certain number of years, or a blind person. There is no harm in freeing a christian, jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour is setting free."

Malik said, "As for obligations of freeing slaves which Allah has mentioned in the Book, one only frees a mumin slave for them."

Malik said, "It is like that in feeding poor people for kaffara. One must only feed muslims and one does not feed anyone outside of the deen of Islam."

Yahya related to me from Malik that Ibn Shihab said, "Walking behind the bier is in contradiction to the sunna."

Yahya related to me from Malik from a reliable source that Abdullah ibn Umar once entered ihram at Ilya (Jerusalem).

Yahya related to me from Malik that he had heard that if some one passed by Ata ibn Yasar in the mosque with something to trade, he would call him and ask, "What is the matter with you? What do you want?" If the man said that he wished to trade with him, he would say, "You need the market of this world. This is the market of the next world."

Allah's Apostle came to Mecca through its higher region on the day of the Conquest (of Mecca) riding his she-camel on which Usama was riding behind him. Bilal and `Uthman bin Talha, one of the servants of the Ka`ba, were also accompanying him till he made his camel kneel in the mosque and ordered the latter to bring the key of the Ka`ba. He opened the door of the Ka`ba and Allah's Apostle entered in the company of Usama, Bilal and `Uthman, and stayed in it for a long period. When he came out, the people rushed to it, and `Abdullah bin `Umar was the first to enter it and found Bilal standing behind the door. He asked Bilal, "Where did the Prophet offer his prayer?" He pointed to the place where he had offered his prayer. `Abdullah said, "I forgot to ask him how many rak`at he had performed."

Malik related to me from Yahya ibn Said from Abu Bakr ibn Hazm that a boy from Ghassan was dying in Madina while his heir was in Syria. That was mentioned to Umar ibn al-Khattab. It was said to him, "So-and-so is dying. Shall he make a bequest?" He said, "Let him make a bequest."

Yahya ibn Said said that Abu Bakr had said, "He was a boy of ten or twelve years." Yahya said, "He willed the well of Jusham, and his people sold it for 30,000 dirhams."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that a simpleton, an idiot, or a lunatic who recovers at times, can make wills if they have enough of their wits about them to recognise what they will. Someone who has not enough wits to recognise what he wills, and is overcome in his intellect, cannot make a bequest."

(Musaddad's version has): The Messenger of Allah (saws) made a speech on the day of the conquest of Mecca, and said: Allah is Most Great, three times. He then said: There is no god but Allah alone: He fulfilled His promise, helped His servant, and alone defeated the companies.

(The narrator said:) I have remembered from Musaddad up to this.

Then the agreed version has: Take note! All the merits mentioned in pre-Islamic times, and the claim made for blood or property are under my feet, except the supply of water to the pilgrims and the custody of the Ka'bah. He then said: The blood-money for unintentional murder which appears intentional, such as is done with a whip and a stick, is one hundred camels, forty of which are pregnant. Musaddad's version is more accurate.

Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."

Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."

Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."

3

Yahya related to me from Malik that Ibn Shihab said, "The precedent of the sunna is that the tribe are not liable for any blood- money of an intentional killing unless they wish that."

Yahya related to me from Malik from Yahya ibn Said the same as that.

Allah's Apostle made it incumbent on all the slave or free Muslims, male or female, to pay one Sa' of dates or barley as Zakat-ul-Fitr.

We argued at Ibrahim's dwelling place about mortgaging in Salam. He said, "Aisha said, 'The Prophet bought some foodstuff from a Jew on credit and the payment was to be made by a definite period, and he mortgaged his iron armor to him."

From his father, from his grandfather, that the Prophet (saws) was asked about hanging fruits (on the trees), so he said: "Whoever is in need and picks some of it without taking any in his garment, then there is no sin upon him."

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

That the Prophet said to her, "You have been shown to me twice in my dream. I saw you pictured on a piece of silk and some-one said (to me). 'This is your wife.' When I uncovered the picture, I saw that it was yours. I said, 'If this is from Allah, it will be done."

The Prophet forbade that a woman should be married to a man along with her paternal aunt or with her maternal aunt (at the same time). Az-Zuhri (the sub-narrator) said: There is a similar order for the paternal aunt of the father of one's wife, for 'Urwa told me that `Aisha said, "What is unlawful because of blood relations, is also unlawful because of the corresponding foster suckling relations."

A tailor invited Allah's Apostle to a meal which he had prepared. I went along with Allah's Apostle and saw him seeking to eat the pieces of gourd from the various sides of the dish. Since that day I have liked to eat gourd. `Umar bin Abi Salama said: The Prophet, said to me, "Eat with your right hand."

I said to my father, 'I do not hear from you any narration (Hadith) of Allah s Apostle as I hear (his narration) from so and so?" Az-Zubair replied. l was always with him (the Prophet) and I heard him saying "Whoever tells a lie against me (intentionally) then (surely) let him occupy, his seat in Hellfire.

Allah's Apostle said, "Allah guarantees (the person who carries out Jihad in His Cause and nothing compelled him to go out but Jihad in His Cause and the belief in His Word) that He will either admit him into Paradise (Martyrdom) or return him with reward or booty he has earned to his residence from where he went out."

Once on a rainy muddy day, Ibn `Abbas delivered a sermon in our presence and when the Mu'adhdhin pronounced the Adhan and said, "Haiyi `ala-s-sala(t) (come for the prayer)" Ibn `Abbas ordered him to say 'Pray at your homes.' The people began to look at each other (surprisingly). Ibn `Abbas said. "It was done by one who was much better than I (i.e. the Prophet or his Mu'adh-dhin), and it is a license.'

Allah's Apostle got up after the second rak`a of the Zuhr prayer without sitting in between (the second and the third rak`at). When he finished the prayer he performed two prostrations (of Sahu) and then finished the prayer with Taslim.

Allah's Apostle said, "Whoever buys a sheep which has been kept unmilked for a long period, and milks it, can keep it if he is satisfied, and if he is not satisfied, he can return it, but he should pay one Sa of dates for the milk."

Salama b. al-Akwa' (Allah be pleased with him) reported that the Messenger of Allah (may peace be upon him) sent a person of the tribe of Aslam on the day of 'Ashura and commanded him to declare to the people to observe fast in case they had not observed it, and to complete fast till evening if they had taken food

Anas reported that a Jew killed a girl of the Ansar for her ornaments and then threw her in a well and smashed her head with a stone. He was caught and brought to the Messenger of Allah (may peace be upon him), and he commanded that he should be stoned to death. So he was stoned until he died.

Malik related to me from Ayyub ibn Musa from Muawiya ibn Abdullah ibn Badr al-Juhani that his father informed him that he stopped with a people on the way to Syria and he found a purse which had eighty dinars in it. He mentioned that to Umar ibn al-Khattab. Umar said to him, "Announce it at the doors of the mosques and mention it to everyone who comes from Syria for a year. When a year passes, it is your business."

A’ishah reported the Apostle of Allaah(saws) as saying “If I had known beforehand about my affair what I have come to know later, I would not have brought the sacrificial animals with me. The narrator Muhammad(bin Yahya) said “ I think he(’Uthman bin ‘Umar) said and I would have taken off my ihram with those who have put their ihram after performing ‘Umrah.

He said “By this he intended that all the people might have performed equal rites(of Hajj)

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Ibrahim that Abd ar-Rahman ibn Abi Amra al-Ansari said that Uthman ibn Affan came to the isha prayer and seeing only a few people in the mosque, he lay down at the back of the mosque to wait for the number of people to increase. Ibn Abi Amra went and sat down beside him and Uthman asked him who he was, so he told him. Uthman said, "What have you memorised of the Qur'an?", and he told him. Uthman said, "If someone is present at isha, it is as if he had stood in prayer for half a night, and if some one is present at subh, it is as if he had stood in prayer for a whole night.

Yahya related to me from Malik that he had heard that Abdullah ibn Umar was asked about what a pregnant woman should do if the fast became difficult for her and she feared for her child, and he said, "She should break the fast and feed a poor man one mudd of wheat in place of every day, using the mudd of the Prophet, may Allah bless him and grant him peace."

Malik said, "The people of knowledge consider that she has to make up for each day of the fast that she misses as Allah, the Exalted and Glorified, says, 'And whoever of you is sick or on a journey should fast an equal number of other days, ' and they consider her pregnancy and her concern for her child as a sickness."

that he saw a silver ring on the hand of Allah's Apostle for one day only. Then the people had silver rings made for themselves and wore it. On that, Allah's Apostle threw away their rings as well. (For the details of this Hadith, see Fath-ul-Bari, Vol. 12, page 438).

A bedouin said, "O Allah's Apostle! Inform me about the emigration." The Prophet said, "Waihaka (May Allah be merciful to you)! The question of emigration is a difficult one. Have you got some camels?" The bedouin said, "Yes." The Prophet said, "Do you pay their Zakat?" He said, "Yes." The Prophet said, "Go on doing like this from beyond the seas, for Allah will not let your deeds go in vain."

In the last part of his narration about the three who remained behind (from the battle of Tabuk). (I said) "As a proof of my true repentance (for not joining the Holy battle of Tabuk), I shall give up all my property for the sake of Allah and His Apostle (as an expiation for that sin)." The Prophet said (to me), "Keep some of your wealth, for that is better for you."

The Prophet said, "I am closer to the believers than their selves in this world and in the Hereafter, and if you like, you can read Allah's Statement: "The Prophet is closer to the believers than their own selves." (33.6) So, if a true believer dies and leaves behind some property, it will be for his inheritors (from the father's side), and if he leaves behind some debt to be paid or needy offspring, then they should come to me as I am the guardian of the deceased."

A man asked the Messenger of Allah (saws): Messenger of Allah, we travel on the sea and take a small quantity of water with us. If we use this for ablution, we would suffer from thirst. Can we perform ablution with sea water? The Messenger (saws) replied: Its water is pure and what dies in it is lawful food.

Al-Aswad ibn Yazid said that he entered upon Aisha and asked her about the prayer of the Messenger of Allah (saws) during the night. She said: He used to pray thirteen rak'ahs during the night. Then he began to pray eleven rak'ahs and left two rak'ahs. When he died, he would pray nine rak'ahs during the night. His last prayer during the night was witr.

'Umar b. al-Khattab (ra) addressed us and said: I did not send my collectors (of zakat) so that they strike your bodies and that they take your property. If that is done with someone and he appeals to me, I shall take retaliation on him. Amr ibn al-'As said: If any man (i.e. governor) inflicts disciplinary punishment on his subjects, would you take retaliation on him too? He said: Yes, by Him in Whose hand my soul is, I shall take retaliation on him. I saw that the Messenger of Allah (saws) has given retaliation on himself.

That when they reached Medina after returning from Yazid bin Mu'awaiya after the martyrdom of Husain bin `Ali (may Allah bestow His Mercy upon him), Al-Miswar bin Makhrama met him and said to him, "Do you have any need you may order me to satisfy?" `Ali said, "No." Al-Miswar said, Will you give me the sword of Allah's Apostle for I am afraid that people may take it from you by force? By Allah, if you give it to me, they will never be able to take it till I die." When `Ali bin Abu Talib demanded the hand of the daughter of Abi Jahal to be his wife besides Fatima, I heard Allah's Apostle on his pulpit delivering a sermon in this connection before the people, and I had then attained my age of puberty. Allah's Apostle said, "Fatima is from me, and I am afraid she will be subjected to trials in her religion (because of jealousy)." The Prophet then mentioned one of his son-in-law who was from the tribe of 'Abu Shams, and he praised him as a good son-in-law, saying, "Whatever he said was the truth, and he promised me and fulfilled his promise. I do not make a legal thing illegal, nor do I make an illegal thing legal, but by Allah, the daughter of Allah's Apostle and the daughter of the enemy of Allah, (i.e. Abu Jahl) can never get together (as the wives of one man) (See Hadith No. 76, Vo. 5).

`Uqba bin `Amr said to Hudhaifa, "Won't you relate to us of what you have heard from Allah's Apostle ?" He said, "I heard him saying, "When Al-Dajjal appears, he will have fire and water along with him. What the people will consider as cold water, will be fire that will burn (things). So, if anyone of you comes across this, he should fall in the thing which will appear to him as fire, for in reality, it will be fresh cold water." Hudhaifa added, "I also heard him saying, 'From among the people preceding your generation, there was a man whom the angel of death visited to capture his soul. (So his soul was captured) and he was asked if he had done any good deed.' He replied, 'I don't remember any good deed.' He was asked to think it over. He said, 'I do not remember, except that I used to trade with the people in the world and I used to give a respite to the rich and forgive the poor (among my debtors). So Allah made him enter Paradise." Hudhaifa further said, "I also heard him saying, 'Once there was a man on his death-bed, who, losing every hope of surviving said to his family: When I die, gather for me a large heap of wood and make a fire (to burn me). When the fire eats my meat and reaches my bones, and when the bones burn, take and crush them into powder and wait for a windy day to throw it (i.e. the powder) over the sea. They did so, but Allah collected his particles and asked him: Why did you do so? He replied: For fear of You. So Allah forgave him." `Uqba bin `Amr said, "I heard him saying that the Israeli used to dig the grave of the dead (to steal their shrouds).

Once I went to Abu- Sa`id Al-Khudri and asked him, "Won't you come with us to the date-palm trees to have a talk?" So Abu Sa`id went out and I asked him, "Tell me what you heard from the Prophet about the Night of Qadr." Abu Sa`id replied, "Once Allah's Apostle performed I`tikaf (seclusion) on the first ten days of the month of Ramadan and we did the same with him. Gabriel came to him and said, 'The night you are looking for is ahead of you.' So the Prophet performed the I`tikaf in the middle (second) ten days of the month of Ramadan and we too performed I`tikaf with him. Gabriel came to him and said, 'The night which you are looking for is ahead of you.' In the morning of the 20th of Ramadan the Prophet delivered a sermon saying, 'Whoever has performed I`tikaf with me should continue it. I have been shown the Night of "Qadr", but have forgotten its date, but it is in the odd nights of the last ten nights. I saw in my dream that I was prostrating in mud and water.' In those days the roof of the mosque was made of branches of date-palm trees. At that time the sky was clear and no cloud was visible, but suddenly a cloud came and it rained. The Prophet led us in the prayer and I saw the traces of mud on the forehead and on the nose of Allah's Apostle. So it was the confirmation of that dream."

(the wife of the Prophet) Allah's Apostle heard some people quarreling at the door of his dwelling. He came out and said, "I am only a human being, and opponents come to me (to settle their problems); maybe someone amongst you can present his case more eloquently than the other, whereby I may consider him true and give a verdict in his favor. So, If I give the right of a Muslim to another by mistake, then it is really a portion of (Hell) Fire, he has the option to take or give up (before the Day of Resurrection).

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "The slave girl is not married when there is a free woman who is a wife unless the free woman wishes it. If the free woman complies, she has two-thirds of the division of time."

Malik said, "A free man must not marry a slave-girl when he can afford to marry a free-woman, and he should not marry a slave-girl when he cannot afford a free woman unless he fears fornication. That is because Allah, may he be Blessed and Exalted, says in His Book, 'If you are not affluent enough to marry believing women, who are muhsanat, take slave-girls who are believing women that your right hands own.' (Sura 4 ayat 24) He says, 'That is for those of you who fear al-anat.' "

Malik said, "Al-anat is fornication."

From his father that the Messenger of Allah (saws) said: 'Whoever purchases a date-palm after it has been pollinated then its fruits are for the one who sold it, unless the buyer made it a condition. And whoever purchases slave who has property, then his property is for the one who sold him, unless the buyer made it a condition."

[He said:] There is something on this topic from Jabir. The Hadith of Ibn 'Umar is a Hasan Sahih Hadith. Similarly, it has been reported by more than one route from Az-Zuhri, from Salim, from Ibn 'Umar, that the Prophet (saws) "Whoever purchases a date-palm after it has been pollinated, then its fruits are for seller, unless the buyer made it a condition. And whoever purchases a slave who has property, then his property is for the seller, unless the buyer made it a condition." And it has been reported from Nafi', from Ibn 'Umar, that the Prophet (saws) said: "Whoever purchases a date-palm that has been pollinated, then its fruits are for the seller, unless the buyer made it a condition."

It has been reported from Nafi', from Ibn 'Umar, from 'Umar, that he (saws) said: "Whoever sold a slave who has property, his property is for the seller, unless the buyer made it a condition." This is how the two Ahadith were reported by 'Ubaidullah bin 'Umar and others from Nafi'.

Some of them have also reported this Hadith from Nafi', from Ibn 'Umar, from the Prophet (saws).

'Ikrimah bin Khalid reported similar to the Hadith of Salim, from Ibn 'Umar, from the Prophet (saws).

This Hadith is acted upon according to some of the people of knowledge. It is the view of Ash-Shafi'i, Ahmad, and Ishaq.

Muhammad bin Isma'il said: "The Hadith of Az-Zuhri from Salim, from his father, from the Prophet (saws) is the most correct [of what has been reported on this topic]."

Yahya related to me from Malik that he had heard that Abu Hurayra used to say, "Whoever catches the ruku has caught the sajda and whoever misses the recitation of the umm al-Qur'an has missed much good."

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said, "The muhsanat among women are those who have husbands." That referred to the fact that Allah has made fornication haram.

Malik said that he heard that Said ibn al-Musayyab, when asked about pre-emption and whether there was a sunna in it, said, "Yes. Pre-emption is in houses and land, and it is only between partners."