I followed the Prophet while he was going out to answer the call of nature. He used not to look this way or that. So, when I approached near him he said to me, "Fetch for me some stones for ' cleaning the privates parts (or said something similar), and do not bring a bone or a piece of dung." So I brought the stones in the corner of my garment and placed them by his side and I then went away from him. When he finished (from answering the call of nature) he used, them .

(regarding the Verse): 'If any of you dies and leaves wives behind,' That was the period of the 'Iddah which the widow was obliged to spend in the house of the late husband. Then Allah revealed: And those of you who die and leave wives should bequeath for their wives a year's maintenance and residence without turning them out, but if they leave, there is no blame on you for what they do of themselves, provided it is honorable (i.e. lawful marriage) (2.240) Mujahid said: Allah has ordered that a widow has the right to stay for seven months and twenty days with her husband's relatives through her husband's will and testament so that she will complete the period of one year (of 'Iddah). But the widow has the right to stay that extra period or go out of her husband's house as is indicated by the statement of Allah: 'But if they leave there is no blame on you,... ' (2.240) Ibn `Abbas said: The above Verse has cancelled the order of spending the period of the 'Iddah at her late husband's house, and so she could spend her period of the 'Iddah wherever she likes. And Allah says: 'Without turning them out.' 'Ata said: If she would, she could spend her period of the 'Iddah at her husband's house, and live there according to her (husband's) will and testament, and if she would, she could go out (of her husband's house) as Allah says: 'There is no blame on you for what they do of themselves.' (2.240) 'Ata added: Then the Verses of inheritance were revealed and the order of residence (for the widow) was cancelled, and she could spend her period of the 'Iddah wherever she would like, and she was no longer entitled to be accommodated by her husband's family.

Yahya related to me that Malik said that he had heard that Umar ibn Abd al-Aziz used to say, "The man on horse-back has two shares, and the man on foot has one."

Malik added, "I continue to hear the same."

Malik, when asked whether a man who was present with several horses took a share for all of them, said, "I have never heard that. I think that there is only a share for the horse on which he fought."

Malik said, "I think that foreign horses and half-breeds are considered as horses because Allah, the Blessed, the Exalted, said in His Book, 'All horses, and mules, and asses, for you to ride, and as an adornment.' (Sura16 ayat 8). He said, the Mighty, the Majestic, 'Make ready for them whatever force and strings of horses you can, to terrify thereby the enemy of Allah and your enemy.' (Sura 8 ayat 60). I think that foreign breeds and half-breeds are considered as horses if the governor accepts them."

Said ibn al-Musayyab was asked about working horses, and whether there was zakat on them. He said, "Is there any zakat on horses.?"

I saw Allah's Apostle on the day of the Conquest of Mecca over his she-camel, reciting Surat-al-Fath in a vibrant quivering tone. (The sub-narrator, Mu'awiya added, "Were I not afraid that the people may gather around me, I would recite in vibrant quivering tone as he (i.e. `Abdullah bin Mughaffal) did, imitating Allah's Apostle.")

Yahya related to me from Malik that Yazid ibn Ruman said, "I used to pray next to Nafi ibn Jubayr ibn Mutim and he would nudge me to prompt him while we were praying."

The verse "If a man kills a believer intentionally, his recompense is Hell to abide therein for ever" was revealed six months after the verse "And those who invoke not with Allah any other god, nor slay such life as Allah has made sacred, except for just cause in Surat al-Furqan.

Abdullah ibn AbuSarh used to write (the revelation) for the Messenger of Allah (saws). Satan made him slip, and he joined the infidels. The Messenger of Allah (saws) commanded to kill him on the day of Conquest (of Mecca). Uthman ibn Affan sought protection for him. The Messenger of Allah (saws) gave him protection.

Malik related to me from Nafi from Sa'iba, the female mawla of A'isha, that the Messenger of Allah, may Allah bless him and grant him peace, forbade killing the snakes which were in the houses except those with two white stripes on their back and the short ones. They made one go blind and caused miscarriages in women.

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said, "If someone dedicates an animal voluntarily and then it is injured and he kills it and gives everyone a free hand in eating it, he owes nothing. If, however, he eats some of it himself, or tells certain other people to eat it, then he owes compensation."

A man was killed by his camel while we were with the Prophet and he was a Muhrim. So the Prophet said, "Wash him with water and Sidr and shroud him in two pieces of cloth and neither perfume him nor cover his head, for Allah will resurrect him on the Day of Resurrection and he will be saying 'Labbaik' . "

"On the day of Uhud, my father's sister came with my father to bury him in a cemetery of ours. So one of the callers of the Messenger of Allah (saws) called out: 'Return those killed to where they were lying."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. And (one of the narrators) Nubaih is trustworthy.

I said, "O Allah's Apostle! I have two neighbors; which of them should I give a gift to?" The Prophet said, "(Give) to the one whose door is nearer to you."

A man came to Ibn `Abbas while Abu Huraira was sitting with him and said, "Give me your verdict regarding a lady who delivered a baby forty days after the death of her husband." Ibn `Abbas said, "This indicates the end of one of the two prescribed periods." I said "For those who are pregnant, their prescribed period is until they deliver their burdens." Abu Huraira said, I agree with my cousin (Abu Salama)." Then Ibn `Abbas sent his slave, Kuraib to Um Salama to ask her (regarding this matter). She replied. "The husband of Subai'a al Aslamiya was killed while she was pregnant, and she delivered a baby forty days after his death. Then her hand was asked in marriage and Allah's Apostle married her (to somebody). Abu As-Sanabil was one of those who asked for her hand in marriage".

Who had taken part in the battle of Badr with Allah's Apostle and had been amongst his companions on the night of Al-`Aqaba Pledge: Allah's Apostle, surrounded by a group of his companions said, "Come along and give me the pledge of allegiance that you will not worship anything besides Allah, will not steal, will not commit illegal sexual intercourse will not kill your children, will not utter; slander, invented by yourself, and will not disobey me if I order you to do something good. Whoever among you will respect and fulfill this pledge, will be rewarded by Allah. And if one of you commits any of these sins and is punished in this world then that will be his expiation for it, and if one of you commits any of these sins and Allah screens his sin, then his matter, will rest with Allah: If He will, He will punish him and if He will,. He will excuse him." So I gave the pledge of allegiance to him for these conditions.

We arrived at Khaibar, and when Allah helped His Apostle to open the fort, the beauty of Safiya bint Huyai bin Akhtaq whose husband had been killed while she was a bride, was mentioned to Allah's Apostle. The Prophet selected her for himself, and set out with her, and when we reached a place called Sidd-as-Sahba,' Safiya became clean from her menses then Allah's Apostle married her. Hais (i.e. an 'Arabian dish) was prepared on a small leather mat. Then the Prophet said to me, "I invite the people around you." So that was the marriage banquet of the Prophet and Safiya. Then we proceeded towards Medina, and I saw the Prophet, making for her a kind of cushion with his cloak behind him (on his camel). He then sat beside his camel and put his knee for Safiya to put her foot on, in order to ride (on the camel).

Abu Bakr As-Siddiq sent for me when the people of Yamama had been killed (i.e., a number of the Prophet's Companions who fought against Musailima). (I went to him) and found `Umar bin Al- Khattab sitting with him. Abu Bakr then said (to me), "`Umar has come to me and said: "Casualties were heavy among the Qurra' of the Qur'an (i.e. those who knew the Qur'an by heart) on the day of the Battle of Yamama, and I am afraid that more heavy casualties may take place among the Qurra' on other battlefields, whereby a large part of the Qur'an may be lost. Therefore I suggest, you (Abu Bakr) order that the Qur'an be collected." I said to `Umar, "How can you do something which Allah's Apostle did not do?" `Umar said, "By Allah, that is a good project." `Umar kept on urging me to accept his proposal till Allah opened my chest for it and I began to realize the good in the idea which `Umar had realized." Then Abu Bakr said (to me). 'You are a wise young man and we do not have any suspicion about you, and you used to write the Divine Inspiration for Allah's Apostle. So you should search for (the fragmentary scripts of) the Qur'an and collect it in one book." By Allah If they had ordered me to shift one of the mountains, it would not have been heavier for me than this ordering me to collect the Qur'an. Then I said to Abu Bakr, "How will you do something which Allah's Apostle did not do?" Abu Bakr replied, "By Allah, it is a good project." Abu Bakr kept on urging me to accept his idea until Allah opened my chest for what He had opened the chests of Abu Bakr and `Umar. So I started looking for the Qur'an and collecting it from (what was written on) palme stalks, thin white stones and also from the men who knew it by heart, till I found the last Verse of Surat at-Tauba (Repentance) with Abi Khuzaima Al-Ansari, and I did not find it with anybody other than him. The Verse is: 'Verily there has come unto you an Apostle (Muhammad) from amongst yourselves. It grieves him that you should receive any injury or difficulty..(till the end of Surat-Baraa' (at-Tauba) (9.128-129). Then the complete manuscripts (copy) of the Qur'an remained with Abu Bakr till he died, then with `Umar till the end of his life, and then with Hafsa, the daughter of `Umar.

Abu Musa was asked regarding (the inheritance of) a daughter, a son's daughter, and a sister. He said, "The daughter will take one-half and the sister will take one-half. If you go to Ibn Mas`ud, he will tell you the same." Ibn Mas`ud was asked and was told of Abu Musa's verdict. Ibn Mas`ud then said, "If I give the same verdict, I would stray and would not be of the rightly-guided. The verdict I will give in this case, will be the same as the Prophet did, i.e. one-half is for daughter, and one-sixth for the son's daughter, i.e. both shares make two-thirds of the total property; and the rest is for the sister." Afterwards we cams to Abu Musa and informed him of Ibn Mas`ud's verdict, whereupon he said, "So, do not ask me for verdicts, as long as this learned man is among you."

Muhammad said, I heard Alī bin Shaqīq saying, I heard Abd Allah bin al-Mubārak saying in front of the people: ‘Abandon the Ḥadīth of Amr bin Thābit for indeed he would curse the Salaf [i.e., the Companions, may Allah be pleased with them]’.

Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).

Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."

Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."

Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."

Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."

Malik said, "The wala' is an established relationship."

Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."

Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."

Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."

Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."

A woman asked `Aisha, "Should I offer the prayers that which I did not offer because of menses" `Aisha said, "Are you from the Huraura' (a town in Iraq?) We were with the Prophet and used to get our periods but he never ordered us to offer them (the Prayers missed during menses)." `Aisha perhaps said, "We did not offer them."

Ibn ‘Abbas said “Hilal bin Umayyah accused his wife in the presence of Prophet (saws) of having committed adultery with Sharik bin Sahma’”. The Prophet (saws) said “Produce evidence or you must receive punishment on your back.” He said “Apostle of Allaah(saws) when one of us sees a man having intercourse with his wife should he go and seek evidence?” But the Prophet (saws) merely said “You must produce evidence or you must receive punishment on your back.” Hilal then said “By Him Who sent you with the Truth, I am speaking Truly. May Allaah send down something which will free my back from punishment. Then the following Qur’anic verses were revealed “And those who make charges against their spouses but have no witnesses except themselves” reciting till he reached “one of those who speak the truth”. The Prophet (saws) then returned and sent for them and they came (to him). Hilal bin Umayyah stood up and testified and the Prophet (saws) was saying “Allaah knows that one of you is lying. Will one of you repent?” Then the woman got up and testified, but when she was about to do it a fifth time saying that Allaah’s anger be upon her if he was one of those who spoke the truth, they said to her “this is the deciding one”. Ibn ‘Abbas said “She then hesitated and drew back so that we thought the she would withdraw(what she said) “Look and see whether she gives birth to a child with eyes looking as if they have antimony in them, wide buttocks and fat legs, if she did. Sharik bin Sahma’ will be its father. She then gave birth to a child of a similar description. The Prophet (saws) thereupon said “If it were not for what has already been stated in Allaah’s book I would have dealt severely with her.”

Abu Dawud said “This tradition has been transmitted by the people of Medina alone. They narrated the tradition of Hilal on the authority of Ibn Bashshar.”

Once, while I was in the company of the Prophet, he saw the mountain of Uhud and said, "I would not like to have this mountain turned into gold for me unless nothing of it, not even a single Dinar remains of it with me for more than three days (i.e. I will spend all of it in Allah's Cause), except that Dinar which I will keep for repaying debts." Then he said, "Those who are rich in this world would have little reward in the Hereafter except those who spend their money here and there (in Allah's Cause), and they are few in number." Then he ordered me to stay at my place and went not far away. I heard a voice and intended to go to him but I remembered his order, "Stay at your place till I return." On his return I said, "O Allah's Apostle! (What was) that noise which I heard?" He said, "Did you hear anything?" I said, "Yes." He said, "Gabriel came and said to me, 'Whoever amongst your followers dies, worshipping none along with Allah, will enter Paradise.' " I said, "Even if he did such-and-such things (i.e. even if he stole or committed illegal sexual intercourse)" He said, "Yes."

I heard the Prophet saying, "A group of my followers will keep on following Allah's Laws strictly and they will not be harmed by those who will disbelieve them or stand against them till Allah's Order (The Hour) will come while they will be in that state."

When Allah's Apostle arrived at Medina, he alighted at the upper part of Medina among the people called Bani `Amr bin `Auf and he stayed with them for fourteen nights. Then he sent for the chiefs of Bani An-Najjar, and they came, carrying their swords. As if I am just now looking at Allah's Apostle on his she-camel with Abu Bakr riding behind him (on the same camel) and the chiefs of Bani An- Najjar around him till he dismounted in the courtyard of Abu Aiyub's home. The Prophet used to offer the prayer wherever the prayer was due, and he would pray even in sheepfolds. Then he ordered that the mosque be built. He sent for the chiefs of Banu An-Najjar, and when they came, he said, "O Banu An-Najjar! Suggest to me the price of this garden of yours." They replied "No! By Allah, we do not demand its price except from Allah." In that garden there were the (following) things that I will tell you: Graves of pagans, unleveled land with holes and pits etc., and date-palm trees. Allah's Apostle ordered that the graves of the pagans be dug up and, the unleveled land be leveled and the date-palm trees be cut down. The trunks of the trees were arranged so as to form the wall facing the Qibla. The Stone pillars were built at the sides of its gate. The companions of the Prophet were carrying the stones and reciting some lyrics, and Allah's Apostle . . was with them and they were saying, "O Allah! There is no good Excel the good of the Hereafter, so bestow victory on the Ansar and the Emigrants. "

Aisha

said, "A woman from Bani Makhzumiya committed a theft and the people said, 'Who can intercede with the Prophet for her?' So nobody dared speak to him (i.e. the Prophet) but Usama bin Zaid spoke to him. The Prophet said, 'If a reputable man amongst the children of Bani Israel committed a theft, they used to forgive him, but if a poor man committed a theft, they would cut his hand. But I would cut even the hand of Fatima (i.e. the daughter of the Prophet) if she committed a theft."

Yahya related to me from Malik from his uncle Abu Suhayl ibn Malik that his father said, "I used to see a carpet belonging to Aqil ibn Abi Talib spread out on the day of jumua up to the west wall of the mosque. When the shadow of the wall covered the whole carpet, Umar ibn al-Khattab would come out and pray the jumua prayer."

Malik, Abu Suhayl's father, added, "We would then return after the jumua prayer and take our midday sleep."

Once Sa'd, with the Messenger of Allah (saws), visited a woman in front of whom were some date-stones or pebbles which she was using as a rosary to glorify Allah. He (the Prophet) said: I tell you something which would be easier (or more excellent) for you than that. He said (it consisted of saying): "Glory be to Allah" as many times as the number of that which He has created in Heaven; "Glory be to Allah" as many times as the number of that which He has created on Earth; "Glory be to Allah" as many times as the number of that which He has created between them; "Glory be to Allah" as many times as the number of that which He is creating; "Allah is most great" a similar number of times; "Praise (be to Allah)" a similar number of times; and "There is no god but Allah" a similar number of times; "There is no might and no power except in Allah" a similar number of times.

Abu Dawud said: Ibn Numair transmitted it from al-A'mash in a similar way.

Yahya related to me from Malik that Yahya ibn Said said that Muhammad ibn Ibrahim at-Taymi had informed him that Abu Salama ibn Abd ar-Rahman said "Abd ar-Rahman ibn al-Aswad ibn Abdal-Yaghuth used to sit with us and he had a white beard and hair. One day he came to us and he had dyed them red, and the people said to him, 'This is better.' He said. 'A'isha the wife of the Prophet, may Allah bless him and grant him peace, sent her slave girl Nukhayla to me yesterday. She swore that my hair would be dyed and she informed me that Abu Bakr as- Siddiq used to dye his hair.' "

Yahya said that he heard Malik say about dyeing the hair black, 'I have not heard anything certain on that, and other colours than that are preferable to me."

Yahya said, "Not to dye at all is permitted, Allah willing, and there is no constraint on people concerning it."

Yahya said that he had heard Malik say, "There is no clear indication in this hadith that the Messenger of Allah, may Allah bless him and grant him peace, did not dye his hair. Had the Messenger of Allah, may Allah bless him and grant him peace, dyed his hair, A'isha would have sent a message to that effect to Abd ar-Rahman ibn al-Aswad."

Yahya related to me from Malik from Hisham ibn Urwa that Abdullah ibn az-Zubayr used to say, "Know that the whole of Arafa is a standing-place except for the middle of Urana, and that the wholeof Muzdalifa is a standing-place except for the middle of Muhassir."

Malik said, "Allah, the Blessed and Exalted says, 'There is to be no rafath, no fusuq and no jidal during the hajj.' " (Sura 2 ayat 197).

He added, "Rafath is sexual relations with women, and Allah knows best. Allah, the Blessed and Exalted says, 'Rafath with your women is permitted to you on the night of the fast.' (Sura 2 ayat 197). Fusuq are sacrifices made to idols, and Allah knows best. Allah, the Blessed and Exalted, says, 'Or a fisq offered up to other than Allah.' (Sura 2 ayat 197) Jidal (arguing) during the hajj refers to when the Quraysh used to stand near the mashar al-haram at Quzah in Muzdalifa, while the Arabs and others would stand at Arafa, and they would argue about who was the more correct. Allah, the Blessed and Exalted, says, 'And we appointed a method of sacrifice for every nation, which they followed, so let them not dispute with you about the matter, and call to your Lord. Surely you are on a straight guidance.' (Sura 22 ayat 67) This is what jidal refers to in our opinion, and Allah knows best. This I have heard from the people of knowledge."

Ibn Muhayriz said: A man from Banu Kinanah, named al-Makhdaji, heard a person called AbuMuhammad in Syria, saying: The witr is a duty (wajib).

Al-Makhdaji said: So I went to Ubadah ibn as-Samit and informed him.

Ubadah said: AbuMuhammad told a lie. I heard the Messenger of Allah (saws) say: There are five prayers which Allah has prescribed on His servants. If anyone offers them, not losing any of them, and not treating them lightly, Allah guarantees that He will admit him to Paradise. If anyone does not offer them, Allah does not take any responsibility for such a person. He may either punish him or admit him to Paradise.