Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.

Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"

Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."

Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."

Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and ...

When the Messenger of Allah (saws) gained booty he ordered Bilal to make a public announcement. He made a public announcement, and when the people brought their booty, he would take a fifth and divide it. Thereafter a man brought a halter of hair and said: Messenger of Allah, this is a part of the booty we got. He asked: Have you heard Bilal making announcement three times? He replied: Yes. He asked: What did prevent you from bringing it? He made some excuse, to which he said: Be (as you are), you may bring it on the Day of Judgment, for I shall not accept it from you.

A man belonging to Usbadhiyin of the people of Bahrayn, who were the Magians of Hajar, came to the Messenger of Allah (saws) and remained with him (for some time), and then came out. I asked him: What have Allah and His Messenger of Allah decided for you? He replied: Evil. I said: Silent. He said: Islam or killing. AbdurRahman ibn Awf said: He accepted jizyah from them. Ibn Abbas said: The people followed the statement of AbdurRahman ibn Awf, and they left that which I heard from the Usbadhi.

When we went out along with the Messenger of Allah (saws) to at-Ta'if we passed a grave. I heard the Messenger of Allah (saws) say: This is the grave of AbuRighal. He was in this sacred mosque (sanctuary) protecting himself (from punishment). When he came out, he suffered the same punishment which his people suffered at this place, and he was buried in it. The sign of it is that a golden bough was buried with him. If you dig it out, you will find it with him. The people hastened to it and took out the bough.

When we were around the Messenger of Allah (saws), he mentioned the period of commotion (fitnah) saying: When you see the people that their covenants have been impaired, (the fulfilling of) the guarantees becomes rare, and they become thus (interwining his fingers). I then got up and said: What should I do at that time, may Allah make me ransom for you? He replied: Keep to your house, control your tongue, accept what you approve, abandon what you disapprove, attend to your own affairs, and leave alone the affairs of the generality.

I can still picture myself looking at the Messenger of Allah (saws) who was among the camps of the Companions seeking the camp of Khalid ibn al-Walid, when a man who had drunk wine was brought before him. He asked the people: Beat him. Some struck him with sandals, some with sticks and some with fresh branches of the palm-tree (mitakhah). Ibn Wahb said: This (mitakhah) means green palm fronds. Then the apostle of Allah (saws) took some dust from the ground and threw it on his face.

`Abdur-Razzaq told us, Ibn Juraij told us I heard `Abdur-Rahman bin ‘Abdullah bin Abi ‘Ammar narrate... and he mentioned [the same report].

Yahya said, "Malik said about Jamil ibn Abd ar-Rahman al-Muadhdin that he was present with Umar ibn Abd al-Aziz when he was judging between people. If a man came to him with a claim against a man, he examined whether or not there were frequent transactions and dealings between them. If there were, the defendant could make an oath. If there was nothing of that nature he did not accept an oath from him."

Malik summed up, "What is done in our community is that if some one makes a claim against a man, it is examined. If there are frequent transactions and dealings between them, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If the defendant refuses to take an oath, and returns the oath to the claimant, the one claiming his right takes an oath and takes his due."

Malik related to me from Zayd ibn Aslam that a man confessed to fornication in the time of the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, called for a whip, and he was brought a broken whip. He said, "Above this," and he was brought a new whip whose knots had not been cut yet. He said, "Below this," and he was brought a whip which had been used and made flexible. The Messenger of Allah, may Allah bless him and grant him peace, gave the order and he was flogged. Then he said, "People! The time has come for you to observe the limits of Allah. Whoever has had any of these ugly things befall him should cover them up with the veil of Allah. Whoever reveals to us his wrong action, we perform what is in the Book of Allah against him."

Some people asked Allah's Apostle about the fore-tellers He said. ' They are nothing" They said, 'O Allah's Apostle! Sometimes they tell us of a thing which turns out to be true." Allah's Apostle said, "A Jinn snatches that true word and pours it Into the ear of his friend (the fore-teller) (as one puts something into a bottle) The foreteller then mixes with that word one hundred lies."

When Allah Apostle was in Ta'if (trying to conquer it), he said to his companions, "Tomorrow we will return (to Medina), if Allah wills." Some of the companions of Allah's Apostle said, "We will not leave till we conquer it." The Prophet said, "Therefore, be ready to fight tomorrow." On the following day, they (Muslims) fought fiercely (with the people of Ta'if) and suffered many wounds. Then Allah's Apostle said, "Tomorrow we will return (to Medina), if Allah wills." His companions kept quiet this time. Allah's Apostle then smiled.

Allah's Apostle said, "The Hour will not be established till the sun rises from the west, and when it rises (from the west) and the people see it, then all of them will believe (in Allah). But that will be the time when 'No good it will do to a soul to believe then. If it believed not before.."' (6.158) The Hour will be established (so suddenly) that two persons spreading a garment between them will not be able to finish their bargain, nor will they be able to fold it up. The Hour will be established while a man is carrying the milk of his she-camel, but cannot drink it; and the Hour will be established when someone is not able to prepare the tank to water his livestock from it; and the Hour will be established when some of you has raised his food to his mouth but cannot eat it."

While we were with Allah's Apostle in a holy battle, we never went up a hill or reached its peak or went down a valley but raised our voices with Takbir. Allah's Apostle came close to us and said, "O people! Don't exert yourselves, for you do not call a deaf or an absent one, but you call the All- Listener, the All-Seer." The Prophet then said, "O `Abdullah bin Qais! Shall I teach you a sentence which is from the treasures of Paradise? ( It is): 'La haula wala quwata illa billah. (There is neither might nor power except with Allah).

(the freed slave of Al-Mughira bin Shu`ba) Muawiya wrote to Mughira. 'Write to me what you heard the Prophet saying after his prayer.' So Al-Mughira dictated to me and said, "I heard the Prophet saying after the prayer, 'None has the right to be worshipped but Allah Alone Who has no partner. O Allah! No-one can withhold what You give, and none can give what You withhold, and the fortune of a man of means is useless before You (i.e., only good deeds are of value).

The Quraish people became very worried about the Makhzumiya lady who had committed theft. They said, "Nobody can speak (in favor of the lady) to Allah's Apostle and nobody dares do that except Usama who is the favorite of Allah's Apostle. " When Usama spoke to Allah's Apostle about that matter, Allah's Apostle said, "Do you intercede (with me) to violate one of the legal punishment of Allah?" Then he got up and addressed the people, saying, "O people! The nations before you went astray because if a noble person committed theft, they used to leave him, but if a weak person among them committed theft, they used to inflict the legal punishment on him. By Allah, if Fatima, the daughter of Muhammad committed theft, Muhammad will cut off her hand.!"

I asked `Ali "Do you have anything Divine literature besides what is in the Qur'an?" Or, as Uyaina once said, "Apart from what the people have?" `Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Qur'an and the ability (gift) of understanding Allah's Book which He may endow a man, with and what is written in this sheet of paper." I asked, "What is on this paper?" He replied, "The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and the judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever).

Allah's Apostle said, "While I was sleeping, I saw myself performing the Tawaf of the Ka`ba. Behold, there I saw a whitish-red lank-haired man (holding himself) between two men with water dropping from his hair. I asked, 'Who is this?' The people replied, 'He is the son of Mary.' Then I turned my face to see another man with red complexion, big body, curly hair, and blind in the right eye which looked like a protruding out grape. I asked, 'Who is he?' They replied, 'He is Ad-Dajjal.' Ibn Qatan resembles him more than anybody else among the people and Ibn Qatan was a man from Bani Al-Mustaliq from Khuza`a."

Allah's Apostle said, "By Him in Whose Hands my life is, I was about to order for collecting fire wood and then order someone to pronounce the Adhan for the prayer and then order someone to lead the people in prayer and then I would go from behind and burn the houses of men who did not present themselves for the (compulsory congregational) prayer. By Him in Whose Hands my life is, if anyone of you had known that he would receive a bone covered with meat or two (small) pieces of meat present in between two ribs, he would come for `Isha' prayer." (See Hadith No. 617, Vol. 1)

I asked Abu Wail, "Did you witness the battle of Siffin between `Ali and Muawiya?" He said, "Yes," and added, "Then I heard Sahl bin Hunaif saying, 'O people! Blame your personal opinions in your religion. No doubt, I remember myself on the day of Abi Jandal; if I had the power to refuse the order of Allah's Apostle, I would have refused it. We have never put our swords on our shoulders to get involved in a situation that might have been horrible for us, but those swords brought us to victory and peace, except this present situation.' " Abu Wail said, "I witnessed the battle of Siffin, and how nasty Siffin was!"

Yahya related to me from Malik from Salih ibn Kaysan from Ubaydullah ibn Abdullah ibn Utba ibn Masud that Zayd ibn Khalid al- Juhani said, "The Messenger of Allah, may Allah bless him and grant him peace, took the subh prayer with us at Hudaybiyya after it had rained in the night. When he had finished he went up to the people and said, 'Do you know what your Lord has said?' They said, 'Allah and His Messenger know best.' He said, 'Some of my slaves have begun the morning believing in Me, and others have begun it rejecting Me. As for those who say, 'We were rained on by the overflowing favour of Allah and His mercy,' they believe in Me and reject the stars. But as for those who say, 'We were rained on by such and such a star, they reject Me and believe in the stars.' "

Yahya related to me from Malik from Ibn Shihab that Umar ibn al- Khattab told people to kill snakes in the Haram.

Malik said, about the "wild dogs" which people were told to kill in the Haram, that any animals that wounded, attacked, or terrorised men, such as lions, leopards, Iynxes and wolves, were counted as"wild dogs." However, someone who was in ihram should not kill beasts of prey that did not attack (people), such as hyenas, foxes, cats and anything else like them, and if he did then he had to pay a forfeit for it. Similarly, someone in ihram should not kill any predatory birds except the kinds that the Prophet, may Allah bless him and grant him peace, specified, namely crows and kites. If someone in ihram killed any other kind of bird he had to pay a forfeit for it.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to pray dhuhr, asr, maghrib, isha and subh at Mina. Then in the morning, after the sun had risen, he would go to Arafa .

Malik said, "What we are all agreed upon here (in Madina) is that the imam does not recite the Qur'an out loud in dhuhr on the day of Arafa, and that he gives a khutba to the people on that day, and that the prayer on the day of Arafa is really a dhuhr prayer, and even if it coincides with a jumua it is still a dhuhr prayer, but one which has been shortened because of travelling."

Malik said that the imam of the pilgrims should not pray the jumua prayer if the day of Arafa, the day of sacrifice or one of the three days after the day of sacrifice, was a Friday.

Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha umm al-muminin that the Messenger of Allah, may Allah bless him and grant him peace, mentioned Safiyya bint Huyy and he was told that she had started her period. The Messenger of Allah, may Allah bless him and grant him peace, said, "Perhaps she will delay us." They said, "Messenger of Allah, she has done tawaf," and the Messenger of Allah, may Allah bless him and grant him peace, said, "Then she will not delay us."

Malik said that Hisham said that Urwa said that A'isha said, "We have publicized that, so why do people make their women stay on to their inconvenience? If it were as they say, more than six thousand menstruating women would still be in Mina in the morning, all of them having already done the tawaf al- ifada.' "

Yahya related to me from Malik from Hisham ibn Urwa that his father, Urwa ibn az-Zubayr made an aqiqa for his male and female children of a sheep each.

Malik said, "What we do about the aqiqa is that if someone makes an aqiqa for his children, he gives a sheep for both male and female. The aqiqa is not obligatory but it is desirable to do it, and people continue to come to us about it. If someone makes an aqiqa for his children, the same rules apply as with all sacrificial animals - one-eyed, emaciated, injured, or sick animals must not be used, and neither the meat or the skin is to be sold. The bones are broken and the family eat the meat and give some of it away as sadaqa. The child is not smeared with any of the blood .''

"Once Mu`adh was along with Allah's Apostle as a companion rider. Allah's Apostle said, "O Mu`adh bin Jabal." Mu`adh replied, "Labbaik and Sa`daik. O Allah's Apostle!" Again the Prophet said, "O Mu`adh!" Mu`adh said thrice, "Labbaik and Sa`daik, O Allah's Apostle!" Allah's Apostle said, "There is none who testifies sincerely that none has the right to be worshipped but Allah and Muhammad is his Apostle, except that Allah, will save him from the Hell-fire." Mu`adh said, "O Allah's Apostle ! Should I not inform the people about it so that they may have glad tidings?" He replied, "When the people hear about it, they will solely depend on it." Then Mu`adh narrated the above-mentioned Hadith just before his death, being afraid of committing sin (by not telling the knowledge).

Once he waited for Al-Hasan and he did not show up till it was about the usual time for him to start his speech; then he came and apologized saying, "Our neighbors invited us." Then he added, "Narrated Anas, 'Once we waited for the Prophet till it was midnight or about midnight. He came and led the prayer, and after finishing it, he addressed us and said, 'All the people prayed and then slept and you had been in prayer as long as you were waiting for it." Al-Hasan said, "The people are regarded as performing good deeds as long as they are waiting for doing good deeds." Al-Hasan's statement is a portion of Anas's [??] Hadith from the Prophet .

My father said, "When Allah's Apostle became seriously ill, he was told about the prayer. He said, 'Tell Abu Bakr to lead the people in the prayer.' `Aisha said, 'Abu Bakr is a softhearted man and he would be overpowered by his weeping if he recited the Qur'an.' He said to them, 'Tell him (Abu Bakr) to lead the prayer. The same reply was given to him. He said again, 'Tell him to lead the prayer. You (women) are the companions of Joseph."

The Prophet led us in the Fajr prayer at Hudaibiya after a rainy night. On completion of the prayer, he faced the people and said, "Do you know what your Lord has said (revealed)?" The people replied, "Allah and His Apostle know better." He said, "Allah has said, 'In this morning some of my slaves remained as true believers and some became non-believers; whoever said that the rain was due to the Blessings and the Mercy of Allah had belief in Me and he disbelieves in the stars, and whoever said that it rained because of a particular star had no belief in Me but believes in that star.' "

I heard Muawiya bin Abi Sufyan (repeating the statements of the Adhan) while he was sitting on the pulpit. When the Mu'adh-dhin pronounced the Adhan saying, "Allahu-Akbar, Allahu Akbar", Muawiya said: "Allah Akbar, Allahu Akbar." And when the Mu'adh-dhin said, "Ash-hadu an la ilaha illal-lah (I testify that none has the right to be worshipped but Allah)", Muawiya said, "And (so do) I". When he said, "Ash-hadu anna Muhammadan Rasulullah" (I testify that Muhammad is Allah's Apostle), Muawiya said, "And (so do) I". When the Adhan was finished, Muawiya said, "O people, when the Mu'adh-dhin pronounced the Adhan I heard Allah's Apostle on this very pulpit saying what you have just heard me saying".

Allah's Apostle led the morning prayer in Al-Hudaibiya and it had rained the previous night. When the Prophet (p.b.u.h) had finished the prayer he faced the people and said, "Do you know what your Lord has said?" They replied, "Allah and His Apostle know better." (The Prophet said), "Allah says, 'In this morning some of My worshipers remained as true believers and some became non-believers; he who said that it had rained with the blessing and mercy of Allah is the one who believes in Me and does not believe in star, but he who said it had rained because of such and such (star) is a disbeliever in Me and is a believer in star.' "

That the Messenger of Allah (saws) said: "The dweller of the town is not to sell for the Bedouin, leave the people ; Allah provides for some of them through others."

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith, and this Hadith of Jabir is a Hasan Sahih Hadith as well.

This Hadith is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They dislike the dweller of the town to sell for the Bedouin, while some of them permitted the town dweller to purchase for the Bedouin. Ash-Shafi'i said: "It is disliked for the dweller of the town to sell for the Bedouin, and if he does sell, then the sale is permissible.