Yahya related to me from Malik that he had heard that Umar ibn al-Khattab, Abdullah ibn Umar, Abdullah ibn Masud, Salim ibn Abdullah, al-Qasim ibn Muhammad, Ibn Shihab,and Sulayman ibn Yasar all said, "If a man has vowed to divorce his wife before marrying her and then he breaks his vow, divorce is obligatory for him when he marries her."

The Prophet (saws) said: Both parties in a business transaction have a right to annul it so long as they have not separated unless it is a bargain with the option to annul is attached to it; and it is not permissible for one of them to separate from the other for fear that one may demand that the bargain be rescinded.

This hadith has been narrated on the authority of Asma' daughter of Abu Bakr, through another chain of transmitters.

Yahya related to me from Malik from Nafi, the mawla of Ibn Umar that a man from Egypt told him that Umar ibn al-Khattab recited Surat al-Hajj (Sura 22) and prostrated twice in it, and then said, "This sura has been given special preference by having two prostrations in it."

Yahya related to me from Malik that Abu'z-Zinad heard Sa'id ibn al-Musayyab andSulayman ibn Yasar forbid a man to sell wheat for gold on delayed terms and then to buy dried dates with the gold before he had taken delivery of the gold.

Malik related to me from Yahya ibn Said that Isa ibn Maryam encountered a pig on the road. He said to it, "Go in peace." Somebody asked, "Do you say this to a pig?" Isa said, "I fear lest I accustom my tongue to evil speech."

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam decided about a man who had made a vow to abstain from intercourse with his wife, that when four months had passed, it was a divorce and he could return to her as long as she was in her idda.

Malik added, "That was also the opinion of Ibn Shihab."

Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain, he was divorced. He could go back to his wife, but if he did not have intercourse with her before the end of her idda, he had no access to her and he could not go back to her unless he had an excuse - illness, imprisonment, or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain, divorce was applied to him by the first vow. If four months passed, and he had not returned to her, he had no idda against her nor access because he had married her and then divorced her before touching her.

Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her, but then returned and did not touch her and four months were completed before her idda was completed, did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda, he was entitled to her. If her idda passed before he had intercourse with her, he had no access to her. This is what Malik preferred of what he had heard on the subject.

Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her, and the four months of the vow were completed before completion of the idda of the divorce, it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day.

Malik said, "If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed, it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four ...

I said to `Aisha, the wife of the Prophet, and I was at that time a young boy, "How do you interpret the Statement of Allah: "Verily, Safa and Marwa (i.e. two mountains at Mecca) are among the Symbols of Allah." So it is not harmful of those who perform the Hajj to the House of Allah) or perform the Umra, to ambulate (Tawaf) between them. In my opinion it is not sinful for one not to ambulate (Tawaf) between them." `Aisha said, "Your interpretation is wrong for as you say, the Verse should have been: "So it is not harmful of those who perform the Hajj or Umra to the House, not to ambulate (Tawaf) between them.' This Verse was revealed in connection with the Ansar who (during the Pre-Islamic Period) used to visit Manat (i.e. an idol) after assuming their Ihram, and it was situated near Qudaid (i.e. a place at Mecca), and they used to regard it sinful to ambulate between Safa and Marwa after embracing Islam. When Islam came, they asked Allah's Apostle about it, whereupon Allah revealed:-- "Verily, Safa and Marwa (i.e. two mountains at Mecca) are among the Symbols of Allah. So it is not harmful of those who perform the Hajj of the House (of Allah) or perform the Umra, to ambulate (Tawaf) between them." (2.158)

The fact which stops me from narrating a great number of Hadiths to you is that the Prophet said: "Whoever tells a lie against me intentionally, then (surely) let him occupy his seat in Hell-fire."

Allah's Apostle said, "We (Muslims) are the last (people to come in the world) but (will be) the foremost (on the Day of Resurrection)."

The Prophet used to lean on my lap and recite Qur'an while I was in menses.

Malik related to me from Yahya ibn Said that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "The Messenger of Allah, may Allah bless him and grant him peace, used to pray the two rakas of the dawn (fajr) so quickly that I would say to myself 'Has he recited the umm al-Qur'an or not?' "

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab set aside an area near the mosque called al-Butayha and said, "Whoever wishes to talk nonsense or recite poetry or raise his voice should go to that area."

An Ansari woman gave her daughter in marriage and the hair of the latter started falling out. The Ansari women came to the Prophet and mentioned that to him and said, "Her (my daughter's) husband suggested that I should let her wear false hair." The Prophet said, "No, (don't do that) for Allah sends His curses upon such ladies who lengthen their hair artificially."

that he paid Al-Muqanna a visit during his illness and said, "I will not leave till he gets cupped, for I heard Allah's Apostle saying, "There is healing in cupping."

While performing the Tawaf around the Ka`ba, the Prophet passed by a person leading another person by a hair-rope nose-ring in his nose. The Prophet cut the hair-rope nose-ring off with his hand and ordered the man to lead him by the hand.

Allah's Apostle forbade Al-Muzabana, i.e. to sell ungathered dates of one's garden for measured dried dates or fresh ungathered grapes for measured dried grapes; or standing crops for measured quantity of foodstuff. He forbade all such bargains.

The sister of Uqbah ibn Amir took a vow that she would perform hajj on foot, and she was unable to do so. The Prophet (saws) said: Allah is not in need of the walking of your sister. She must ride and offer a sacrificial camel.

The wife of Rifa`a Al-Qurazi came to Allah's Apostle and said, "O Allah's Apostle! Rifa`a divorced me irrevocably. After him I married `Abdur-Rahman bin Az-Zubair Al-Qurazi who proved to be impotent." Allah's Apostle said to her, "Perhaps you want to return to Rifa`a? Nay (you cannot return to Rifa`a) until you and `Abdur-Rahman consummate your marriage."

Once Allah's Apostle gave a letter to a person and ordered him to go and deliver it to the Governor of Bahrain. (He did so) and the Governor of Bahrain sent it to Chousroes, who read that letter and then tore it to pieces. (The sub-narrator (Ibn Shihab) thinks that Ibn Al-Musaiyab said that Allah's Apostle invoked Allah against them (saying), "May Allah tear them into pieces, and disperse them all totally.)"

Yahya related to me from Malik that he had heard that if Sad ibn Abi Waqqas entered Makka late, he would go to Arafa before doing tawaf of the House and say between Safa and Marwa, and then do tawaf when he got back.

Malik said, "The leeway is broad, if Allah wills."

Malik was asked whether somebody that was doing obligatory tawaf could stop and talk with another man, and he said, "I do not like him to do that."

Malik said, "Only someone who is pure (by being in wudu) should do tawaf of the House or say between Safa and Marwa."

Allah's Apostle sent his letter to Khusrau and ordered his messenger to hand it over to the Governor of Bahrain who was to hand it over to Khusrau. So, when Khusrau read the letter he tore it. Sa`id bin Al- Musaiyab said, "The Prophet then invoked Allah to disperse them with full dispersion, (destroy them (i.e. Khusrau and his followers) severely)".

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr that a mawla of the tribe of Banu Adi called Zabra told him that she had been the wife of a slave when she was a slave-girl. Then she was set free and she sent a message to Hafsa, the wife of the Prophet, may Allah bless him and grant him peace. Hafsa called her and said, "I will tell you something., but I would prefer that you did not act upon it. You have authority over yourself as long as your husband does not have intercourse with you. If he has intercourse with you, you have no authority at all." Therefore she pronounced her divorce from him three times.

Yahya related to me from Malik that he had heard that a man wanted to buy food from a man in advance. The man who wanted to sell the food to him went with him to the market, and he began to show him heaps, saying, "Which one would you like me to buy for you." The buyer said to him, "Are you selling me what you do not have?" So they came to Abdullah ibn Umarand mentioned that to him. Abdallah ibn Umar said to the buyer, "Do not buy from him what he does not have." He said to the seller, "Do not sell what you do not have."

Malik related to me from Yahya ibn Said from Amra bint Abd ar- Rahman that Barira came asking the help of A'isha, umm al-muminin. A'isha said, "If your masters agree that I pay them your price in one lump sum and set you free I will do it." Barira mentioned that to her masters and they said, "No, not unless your wala' is ours." Yahya ibn Said added that Amra bint Abd ar-Rahman claimed that A'isha mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace said, "Buy her and set her free. The wala' only belongs to the one who sets free."

Yahya related to me from Malik from Yahya ibn Said that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan that a madman was brought to him who had killed a man. Muawiya wrote to him, "Tie him up and do not inflict any retaliation on him. There is no retaliation against a madman."

Malik said about an adult and a child when they murder a man together, "The adult is killed and the child pays half the full blood-money."

Malik said, "It is like that with a freeman and a slave when they murder a slave. The slave is killed and the freeman pays half of his value."

The Messenger of Allah (saws) used to make supplication during the prayer saying: "O Allah, I seek refuge in Thee from the punishment of the grave; I seek refuge in Thee from the trial of the Antichrist; I seek refuge in Thee from the trial of life and the trial of death; O Allah, I seek refuge in Thee from sin and debt." Someone said to him: How often you seek refuge from debt! He replied: When a man is in debt, he talks and tells lies, makes promises and breaks them.

It was mentioned before `Aisha that Ibn `Umar attributed the following statement to the Prophet "The dead person is punished in the grave because of the crying and lamentation Of his family." On that, `Aisha said, "But Allah's Apostle said, 'The dead person is punished for his crimes and sins while his family cry over him then." She added, "And this is similar to the statement of Allah's Apostle when he stood by the (edge of the) well which contained the corpses of the pagans killed at Badr, 'They hear what I say.' She added, "But he said now they know very well what I used to tell them was the truth." `Aisha then recited: 'You cannot make the dead hear.' (30.52) and 'You cannot make those who are in their Graves, hear you.' (35.22) that is, when they had taken their places in the (Hell) Fire.

Yahya related to me from Malik from Yahya ibn Said and 'Abdullah ibn Abi Bakr and Rabia ibn Abi Abd ar-Rahman that al-Walid ibn Abd al- Malik asked Salim ibn Abdullah and Kharija ibn Zayd ibn Thabit if he could use perfume after he had stoned the jamra and shaved his head, but before he had left for the tawafal-ifada. Salim forbade him to do so, but Kharija ibn Zayd ibn Thabit said that he could.

Malik said, "There is no harm in a man oiling himself with an oil which does not have any perfume in it, either before he enters ihram, or before he leaves Mina for the tawaf al-ifada, if he has stoned the jamra."

Yahya said that Malik was asked whether someone in ihram could eat food with saffron in it, and he said, "There is no harm in some one in ihram eating it if it has been cooked. If, however, it has not been cooked he should not eat it."

The Messenger of Allah (saws) said: What is the harm if any of you has two garments, if he can provide them, for Friday (prayer) in addition to the two garments for his daily work? Amr reported from Ibn Habib from Musa ibn Sa'd from Ibn Habban from Ibn Salam who heard this (tradition) from the Messenger of Allah (saws) on the pulpit.

Abu Dawud said: This tradition has been reported by Yusuf b. 'Abd Allah b. Salam from the Prophet (saws) through a different chain of narrators.

Yahya related to me from Malik from Hisham ibn Urwa that his father said that a man who pronounced a dhihar from his four wives in one statement, had only to do one kaffara. Yahya related the same as that to me from Malik from Rabia ibn Abi Abd ar-Rahman.

Malik said, "That is what is done among us. Allah, the Exalted said about the kaffara for pronouncing dhihar, 'It is to free a slave before they touch one another. If he does not find the means to do that, then fasting for two consecutive months before they touch one another. If he cannot do that, it is to feed sixty poor people. ' " (Sura 58 ayats 4,5).

Malik said that a man who pronounced dhihar from his wife on various occasions had only to do one kaffara. If he pronounced dhihar, and then did kaffara, and then pronounced dhihar after he had done the kaffara, he had to do kaffara again.

Malik said, "Some one who pronounces dhihar from his wife and then has intercourse with her before he has done kaffara, only has to do one kaffara. He must abstain from her until he does kaffara and ask forgiveness of Allah. That is the best of what I have heard. "

Malik said, "It is the same with dhihar using any prohibited relations of fosterage and ancestry."

Malik said, "Women have no dhihar."

Malik said that he had heard that the commentary on the word of Allah, the Blessed, the Exalted, "Those of you who pronounce the dhihar about their wives, and then retract what they have said," (Sura 56 ayat 3), was that a man pronounced dhihar on his wife and then decided to keep her and have intercourse with her. If he decided on that, he must do kaffara. If he divorced her and did not decide to retract his dhihar of her and to keep her and have intercourse with her, there would be no kaffara incumbent on him.

Maliksaid, "If he marries her after that, he does not touch her until he has completed the kaffara of pronouncing dhihar."

Malik said that if a man who pronounced dhihar from his slave-girl wanted to have intercourse with her, he had to do the kaffara of the dhihar before he could sleep with her.

Malik said, "There is no ila in a man's dhihar unless it is evident that he does not intend to retract his dhihar."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, forbade fasting for two days or more without breaking the fast in between. They said, "But Messenger of Allah, you practise wisal." He replied, "I am not the same as you. I am fed and given to drink."

Yahya related to me from Malik, from Abd ar-Rahman ibn Harmala al-Aslami, that somebody asked Said ibn al-Musayyab, "Can I do umra before I do hajj?", and Said said, "Yes, the Messenger of Allah, may Allah bless him and grant him peace, did umra before doing hajj."

Yahya related to me from Malik from Abu'z-Zubayr al-Makki from Ata ibn Abi Rabah that Abdullah ibn Abbas was asked about a man who had had intercourse with his wife while at Mina before he had done the tawaf al-ifada, and he told him to sacrifice an animal.

Yahya related to me from Malik that it reached him that a slave of Abdullah ibn Umar escaped and one of his horses wandered off, and the idol worshippers seized them. Then the Muslims recaptured them, and they were returned to Abdullah ibn Umar, before the division of the spoils took place.

I heard Malik say about muslim property that had been seized by the enemy, "If it is noticed before the distribution, then it is returned to itsowner. Whatever has already been distributed is not returned to anyone."

Malik, when asked about a man whose young male slave was taken by the idol worshippers and then the Muslims re-captured him, said, "The owner is more entitled to him without having to pay his price or value or having to incur any loss before the distribution takes place. If the distribution has already taken place then I think that the slave belongs to his master for his price if the master wants him back."

Regarding an umm walad of a Muslim man who has been taken by the idol worshippers and then recaptured by the Muslims and allotted in the distribution of spoils and then recognised by her master after the distribution, Malik said, "She is not to be enslaved. I think that the Imam should pay a ransom for her for her master. If he does not do it, then her master must pay a ransom for her and not leave her. I do not think that she should be made a slave by whoever takes her and intercourse with her is not halal. She is in the position of a free woman because her master would be required to pay compensation if she injured somebody and so she is in the same position (as a wife). He must not leave the mother of his son to be enslaved nor may intercourse with her be made halal."

Malik was asked about a man who went to enemy territory to pay ransom or to trade, and he bought a free man or a slave, or they were given to him. He said, "As for the free man, the price he buys him for is a debt against the man and he is not made a slave. If the captive is given to him freely, he is free and owes nothing unless the man gave something in recompense for him. That is a debt against the free man, the same as if a ransom had been paid for him. As for a slave, his former master can choose to take him back and pay his price to the man who bought him or he can choose to leave him, as he wishes. If he was given to the man, the former master is more entitled to him, and he owes nothing for him unless the man gave something for him in recompense. ...

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, forbade shighar, which meant one man giving his daughter in marriage to another man on the condition that the other gave his daughter to him in marriage without either of them paying the bride-price.

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab said that he disapproved of one man lending another food on the provision that he gave it back to him in another city. He said, "Where is the transport?"

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.

When the Verse:-- "If there are twenty steadfast amongst you, they will overcome two hundred." (8.65) was revealed, then it became obligatory for the Muslims that one (Muslim) should not flee from ten (non-Muslims). Sufyan (the sub-narrator) once said, "Twenty (Muslims) should not flee before two hundred (non Muslims)." Then there was revealed: 'But now Allah has lightened your (task)..' (8.66) So it became obligatory that one-hundred (Muslims) should not flee before two hundred (nonmuslims). (Once Sufyan said extra, "The Verse: 'Urge the believers to the fight. If there are twenty steadfast amongst you (Muslims) ..' was revealed.) Sufyan said, "Ibn Shabrama said, "I see that this order is applicable to the obligation of enjoining good and forbidding evil."

While we were in the company of the Prophet in a tent he said, ''Would it please you to be one fourth of the people of Paradise?" We said, "Yes." He said, "Would It please you to be one-third of the people of Paradise?" We said, "Yes." He said, "Would it please you to be half of the people of Paradise?" We said, "Yes." Thereupon he said, "I hope that you will be one half of the people of Paradise, for none will enter Paradise but a Muslim soul, and you people, in comparison to the people who associate others in worship with Allah, are like a white hair on the skin of a black ox, or a black hair on the skin of a red ox."

We were at Al-Ahwaz fighting the Al-Haruriya (tribe). While I was at the bank of a river a man was praying and the reins of his animal were in his hands and the animal was struggling and he was following the animal. (Shu`ba, a sub-narrator, said that man was Abu Barza Al-Aslami). A man from the Khawarij said, "O Allah! Be harsh to this sheik." And when the sheik (Abu Barza) finished his prayer, he said, "I heard your remark. No doubt, I participated with Allah's Apostle in six or seven or eight holy battles and saw his leniency, and no doubt, I would rather retain my animal than let it return to its stable, as it would cause me much trouble. "

When `Abdullah bin `Umar set out for Mecca with the intentions performing `Umra in the period of afflictions, he said, "If I should be prevented from reaching the Ka`ba, then I would do the same as we did while in the company of Allah's Apostle ." So, he assumed the Ihram for `Umra since the Prophet had assumed the Ihram for `Umra in the year of Al-Hudaibiya. Then `Abdullah bin `Umar thought about it and said, "The conditions for both Hajj and `Umra are similar." He then turned towards his companions and said, "The conditions of both Hajj and `Umra are similar and I make you witnesses that I have made the performance of Hajj obligatory for myself along with `Umra." He then performed one Tawaf (between As-Safa and Al-Marwa) for both of them (i.e. Hajj and (`Umra) and considered that to be sufficient for him and offered a Hadi.

(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."

Yahya related to me from Malik that he had heard that Jabir ibn Abdullah used to pray in one garment.