[Muslim].

(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.

The Prophet stayed for three days at a place between Khaibar and Medina, and there he consummated his marriage with Safiyya bint Huyay. I invited the Muslims to a banquet which included neither meat nor bread. The Prophet ordered for the leather dining sheets to be spread, and then dates, dried yogurt and butter were provided over it, and that was the Walima (banquet) of the Prophet. The Muslims asked whether Safiyya would be considered as his wife or as a slave girl of what his right hands possessed. Then they said, "If the Prophet screens her from the people, then she Is the Prophet's wife but if he does not screen her, then she is a slave girl." So when the Prophet proceeded, he made a place for her (on the camel) behind him and screened her from people.

The Prophet said, "Seven (people) will be shaded by Allah by His Shade on the Day of Resurrection when there will be no shade except His Shade. (They will be), a just ruler, a young man who has been brought up in the worship of Allah, a man who remembers Allah in seclusion and his eyes are then flooded with tears, a man whose heart is attached to mosques (offers his compulsory congregational prayers in the mosque), two men who love each other for Allah's Sake, a man who is called by a charming lady of noble birth to commit illegal sexual intercourse with her, and he says, 'I am afraid of Allah,' and (finally), a man who gives in charity so secretly that his left hand does not know what his right hand has given."

Yahya related to me from Malik from Abu'n Nadr, the mawla of Umar ibn Ubaydullah from Busr ibn Said that Zayd ibn Khalid al-Juhani sent him to Abu Juhaym to ask him what he had heard from the Messenger of Allah, may Allah bless him and grant him peace, about passing in front of someone praying. Abu Juhaym said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'If the one who passes in front of a man praying knew what he was bringing upon himself it would be better for him to stop for forty than to pass in front of him.' "

Abu'n-Nadr said, "I do not know whether he said forty days or months or years."

While the Prophet was prostrating, surrounded by some of Quraish, `Uqba bin Abi Mu'ait brought the intestines (i.e. Abdominal contents) of a camel and put them over the back of the Prophet. The Prophet did not raise his head, (till) Fatima, came and took it off his back and cursed the one who had done the harm. The Prophet said, "O Allah! Destroy the chiefs of Quraish, Abu Jahl bin Hisham, `Utba bin Rabi`al, Shaba bin Rabi`a, Umaiya bin Khalaf or Ubai bin Khalaf." (The sub-narrator Shu`ba, is not sure of the last name.) I saw these people killed on the day of Badr battle and thrown in the well except Umaiya or Ubai whose body parts were mutilated but he was not thrown in the well.

To the Messenger of Allah (saws) was brought man wearing ihram who was thrown by his she-camel and has his neck broken and had died. He then said: Shroud him in his two garments, was him with water and lotus leaves, but do not cover his head, for he will be raised on the Day of Resurrection saying the talbiyah.

Abu Dawud said: I heard Ahmad b. Hanbal say: There are five rules of the law (sunan) in this tradition: "Shroud him in his two garment," that is, the dead should be shrouded in his two garments. "Wash him with water and lotus leaves," that is, washing all times should be with lotus leaves. Do not bring any perfume near him. The shroud will be made from the property (of the dead).

Ibn Umar was sent with a detachment of the Messenger of Allah (saws). The people wheeled round in flight. He said: I was one of those who wheeled round in flight. When we stopped, we said (i.e. thought): How should we do? We have run away from the battlefield and deserve Allah's wrath. Then we said (thought): Let us enter Medina, stay there, and go there while no one sees us. So we entered (Medina) and thought: If we present ourselves before the Messenger of Allah (saws), and if there is a change of repentance for us, we shall stay; if there is something else, we shall go away. So we sat down (waiting) for the Messenger of Allah (saws) before the dawn prayer. When he came out, we stood up to him and said: We are the ones who have fled. He turned to us and said: No, you are the ones who return to fight after wheeling away. We then approached and kissed his hand, and he said; I am the main body of the Muslims.

Yahya related to me from Malik from Abu Hazim ibn Dinar that Sahl ibn Sad as-Saidi said, "There are two times when the gates of heaven are opened, and few who make supplication have it returned to them unanswered. They are at the timeof the adhan, and in a rank of people fighting in the way of Allah."

Malik was asked whether the adhan on the day of jumua was called before the time had come for the prayer and he said, "It is not called until after the sun has passed the meridian."

Malik was asked about doubling the adhan and the iqama, and at what point people had to stand when the iqama for the prayer was called. He said, "I have heard nothing about the adhan and iqama except what I have seen people do. As for the iqama, it is not doubled. That is what the people of knowledge in our region continue to do. As for people standing up when the iqama for the prayer is called, I have not heard of any definite point at which it is begun, and I consider it rather to be according to people's (individual) capacity, for some people are heavy and some are light, and they are not able to be as one man ."

Malik was asked about a gathering of people who wished to do the prescribed prayer calling the iqama and not the adhan, and he said, "lt is enough for them. The adhan is only obligatory in mosques where the prayer is said in congregation."

Malik was asked about the muadhdhin saying "Peace be upon you" to the imam and calling him to the prayer, and he was asked who was the first person to whom such a greeting was made. He replied, "I have not heard that this greeting occurred in the first community."

Yahya said that Malik was asked whether a muadhdhin who called the people to prayer and then waited to see if anyone would come and no one did, so he said the iqama and did the prayer by himself and then people came after he had finished, should repeat the prayer with them. Malik said, "He does not repeat the prayer, and whoever comes after he has finished should do the prayer by himself."

Yahya said that Malik was asked about a muadhdhin who called the adhan for a group of people, did voluntary prayers, and then the group of people wanted to do the prayer with some one else saying the iqama. He said, "There is no harm in that. His iqama or somebody else's are the same."

Yahya said that Malik said, "The subh prayer is still called before dawn. As for the other prayers, we believe that they should only be called after the time has started."

On the day when Mecca was conquered, the Messenger of Allah (saws) gave protection to the People except four men and two women and he named them. Ibn AbuSarh was one of them.

He then narrated the tradition. He said: Ibn AbuSarh hid himself with Uthman ibn Affan. When the Messenger of Allah (saws) called the people to take the oath of allegiance, he brought him and made him stand before the Messenger of Allah (saws). He said: Messenger of Allah, receive the oath of allegiance from him. He raised his head and looked at him thrice, denying him every time. After the third time he received his oath. He then turned to his Companions and said: Is not there any intelligent man among you who would stand to this (man) when he saw me desisting from receiving the oath of allegiance, and kill him? They replied: We do not know, Messenger of Allah, what lies in your heart; did you not give us an hint with your eye? He said: It is not proper for a Prophet to have a treacherous eye.

Abu Dawud said: 'Abd Allah (b. Abi Sarh) was the foster brother of 'Uthman, and Walid b. 'Uqbah was his brother by mother, and 'Uthman inflicted on him hadd punishment when he drank wine.

That he heard Marwan bin Al-Hakam and Al-Miswar bin Makhrama relating one of the events that happened to Allah's Apostle in the `Umra of Al-Hudaibiya. They said, "When Allah's Apostle concluded the truce with Suhail bin `Amr on the day of Al-Hudaibiya, one of the conditions which Suhail bin `Amr stipulated, was his saying (to the Prophet), "If anyone from us (i.e. infidels) ever comes to you, though he has embraced your religion, you should return him to us, and should not interfere between us and him." Suhail refused to conclude the truce with Allah's Apostle except on this condition. The believers disliked this condition and got disgusted with it and argued about it. But when Suhail refused to conclude the truce with Allah's Apostle except on that condition, Allah's Apostle concluded it. Accordingly, Allah's Apostle then returned Abu Jandal bin Suhail to his father, Suhail bin `Amr, and returned every man coming to him from them during that period even if he was a Muslim. The believing women Emigrants came (to Medina) and Um Kulthum, the daughter of `Uqba bin Abi Mu'ait was one of those who came to Allah's Apostle and she was an adult at that time. Her relatives came, asking Allah's Apostle to return her to them, and in this connection, Allah revealed the Verses dealing with the believing (women).

Al-Mughirah (ibn Shu'bah) said: Umar ibn AbdulAziz gathered the family of Marwan when he was made caliph, and he said: Fadak belonged to the Messenger of Allah (saws), and he made contributions from it, showing repeated kindness to the poor of the Banu Hashim from it, and supplying from it the cost of marriage for those who were unmarried. Fatimah asked him to give it to her, but he refused. That is how matters stood during the lifetime of the Messenger of Allah (saws) till he passed on (i.e. died).

When AbuBakr was made ruler he administered it as the Prophet (saws) had done in his lifetime till he passed on. Then when Umar ibn al-Khattab was made ruler he administered it as they had done till he passed on. Then it was given to Marwan as a fief, and it afterwards came to Umar ibn AbdulAziz.

Umar ibn AbdulAziz said: I consider I have no right to something which the Messenger of Allah (saws) refused to Fatimah, and I call you to witness that I have restored it to its former condition; meaning in the time of the Messenger of Allah (saws).

Abu Dawud said: When 'Umar b. 'Abd al-'Aziz was made caliph its revenue was forty thousand dinars, and when he died its revenue was four hundred dinars. Had he remained alive, it would have been less than it.

I witnessed a husband and a wife who were involved in a case of Lian. Then (the judgment of) divorce was passed. I was fifteen years of age, at that time.

I heard `Ali saying, "Allah's Apostle sent me, Az-Zubair and Al-Miqdad somewhere saying, 'Proceed till you reach Rawdat Khakh. There you will find a lady with a letter. Take the letter from her.' " So, we set out and our horses ran at full pace till we got at Ar-Rawda where we found the lady and said (to her). "Take out the letter." She replied, "I have no letter with me." We said, "Either you take out the letter or else we will take off your clothes." So, she took it out of her braid. We brought the letter to Allah's Apostle and it contained a statement from Hatib bin Abi Balta a to some of the Meccan pagans informing them of some of the intentions of Allah's Apostle. Then Allah's Apostle said, "O Hatib! What is this?" Hatib replied, "O Allah's Apostle! Don't hasten to give your judgment about me. I was a man closely connected with the Quraish, but I did not belong to this tribe, while the other emigrants with you, had their relatives in Mecca who would protect their dependents and property . So, I wanted to recompense for my lacking blood relation to them by doing them a favor so that they might protect my dependents. I did this neither because of disbelief not apostasy nor out of preferring Kufr (disbelief) to Islam." Allah's Apostle, said, "Hatib has told you the truth." `Umar said, O Allah's Apostle! Allow me to chop off the head of this hypocrite." Allah's Apostle said, "Hatib participated in the battle of Badr, and who knows, perhaps Allah has already looked at the Badr warriors and said, 'Do whatever you like, for I have forgiven you."

Malik related to me from Yahya ibn Said that he heard Muhammad ibn al-Munkadir say, "Allah loves his slave who is generous when he sells, and generous when he buys, generous when he repays, and generous when he is repaid."

Malik said about a man who bought camels or sheep or dry goods or slaves or any goods without measuring precisely, "There is no buying without measuring precisely in anything which can be counted . "

Malik said about a man who gave a man goods to sell for him and set their price saying, "If you sell them for this price as I have ordered you to do, you will have a dinar (or something which he has specified, which they are both satisfied with), if you do not sell them, you will have nothing," "There is no harm in that when he names a price to sell them at and names a known fee. If he sells the goods, he takes the fee, and if he does not sell them, he has nothing."

Malik said, "This is like saying to another man, 'If you capture my runaway slave or bring my stray camel, you will have such-and-such.' This is from the category of reward, and not from the category of giving a wage. Had it been from the category of giving a wage, it would not be good."

Malik said, "As for a man who is given goods and told that if he sells them he will have a named percentage for every dinar, that is not good because whenever he is a dinar less than the price of the goods, he decreases the due which was named for him. This is an uncertain transaction. He does not know how much he will be given."

Allah's Apostle said, "There are three persons whom Allah will not look at on the Day of Resurrection, nor will he purify them and theirs shall be a severe punishment. They are: -1. A man possessed superfluous water, on a way and he withheld it from travelers. -2. A man who gave a pledge of allegiance to a ruler and he gave it only for worldly benefits. If the ruler gives him something he gets satisfied, and if the ruler withholds something from him, he gets dissatisfied. -3. And man displayed his goods for sale after the `Asr prayer and he said, 'By Allah, except Whom None has the right to be worshipped, I have been given so much for my goods,' and somebody believes him (and buys them). The Prophet then recited: "Verily! Those who purchase a little gain at the cost of Allah's Covenant and their oaths." (3.77)

Malik said, "Another example of that is that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale called muzabana and granted an indulgence in the ariya for computing the equivalent in dates. It was distinguished between them that the muzabana-sale was based on shrewdness and trade, and the ariya sale was based on a favour rendered, and there was no shrewdness in it."

Malik said, "A man must not buy food for a fourth, a third, or a fraction of a dirham on the basis that he be given that food on credit. There is no harm in a man buying food for a fraction of a dirham on credit and then he gives a dirham and takes goods with what remains of his dirham because he gave the fraction he owed as silver, and took goods to make up the rest of his dirham. There is no harm in that transaction."

Malik said, "There is no harm in a man placing a dirham with another man and then taking from him known goods for a fourth, third, or a known fraction. If there was not a known price on the goods and the man said, 'I will take them from you for the price of each day,' this is not halal because there is uncertainty. It might be less one time, and more another time, and they would not part with a known sale."

Malik said, "If someone sells some food without measuring precisely and does not exclude any of it from the sale and then it occurs to him to buy some of it, it is not good for him to buy any of it except what it would be permitted for him to exclude from it. That is a third or less. If it is more than a third, it becomes muzabana and is disapproved. He must only purchase from what he would be permitted to exclude, and he is only permitted to exclude a third or less than that. This is the way of doing things in which there is no dispute with us."

Abu Dawud said: A similar version has been narrated by Zubaid, ‘Uqail, Yunus, cousin of Al-Zuhri, Ibn Abi-Wazir, on the authority of al-Zuhr, musan, al-Hajabi, like al-Zuhri, narrated on the authority of ‘Urwah from ‘A’ishah, but Hisham b. ‘Urwah narrated from ‘Urwah on the authority of Zainab daughter of Abu Salamah from Umm Salamah saying. Umm Sulaim came to the Messenger of Allah (may peace be upon him).

Yahya related to me from Malik from Zayd ibn Aslam from Ibrahim ibn Abdullah ibn Hunayn from his father Abdullah ibn Hunayn that Abdullah ibn Abbas and al-Miswar ibn Makhrama once had a disagreement at al-Abwa. Abdullah said that some one in ihram could wash his head, and al Miswar ibn Makhrama maintained that some one in ihram could not wash his head.

Abdullah ibn Hunayn continued, "Abdullah ibn Abbas sent me to Abu Ayyub al-Ansari, and I found him doing ghusl between the posts of a well, screened by a garment. I greeted him and hesaid, 'Who is that?' I replied, 'I am 'Abdullah ibn Hunayn. 'Abdullah ibn Abbas sent me to you to ask how the Messenger of Allah, may Allah bless him and grant him peace, used to wash his head when he was in ihram.' "

He continued, "Abu Ayyub put his hand on the garment and pulled it down until I could see his head. He said to the man who was pouring out the water for him, 'Pour,' and he poured some over his head. Then he passed his hands over his head from the front to the back and then to the front again, and then said, 'I saw the Messenger of Allah, may Allah bless him and grant him peace, doing it like this.' "

The Prophet and his companions assumed Ihram for Hajj and none except the Prophet (p.b.u.h) and Talha had the Hadi (sacrifice) with them. `Ali arrived from Yemen and had a Hadi with him. `Ali said, "I have assumed Ihram for what the Prophet has done." The Prophet ordered his companions to perform the `Umra with the lhram which they had assumed, and after finishing Tawaf (of Ka`ba, Safa and Marwa) to cut short their hair, and to finish their lhram except those who had Hadi with them. They (the people) said, "How can we proceed to Mina (for Hajj) after having sexual relations with our wives?" When that news reached the Prophet he said, "If I had formerly known what I came to know lately, I would not have brought the Hadi with me. Had there been no Hadi with me, I would have finished the state of lhram." `Aisha got her menses, so she performed all the ceremonies of Hajj except Tawaf of the Ka`ba, and when she got clean (from her menses), she performed Tawaf of the Ka`ba. She said, "O Allah's Apostle! (All of you) are returning with the Hajj and `Umra, but I am returning after performing Hajj only." So the Prophet ordered `Abdur-Rahman bin Abu Bakr to accompany her to Tan`im and thus she performed the `Umra after the Hajj.

The Messenger of Allah (saws) came out, and on seeing a high-domed building, he said: What is it?

His companions replied to him: It belongs to so and so, one of the Ansar.

He said: he said nothing but kept the matter in mind. When its owner came and gave him a greeting among the people, he turned away from him. When he had done this several times, the man realised that he was the cause of the anger and the rebuff.

So he complained about it to his companions, saying: I swear by Allah that I cannot understand the Messenger of Allah (saws).

They said: He went out and saw your domed building. So the man returned to it and demolished it, levelling it to the ground. One day the Messenger of Allah (saws) came out and did not see it.

He asked: What has happened to the domed building?

They replied: Its owner complained to us about your rebuff, and when we informed him about it, he demolished it.

He said: Every building is a misfortune for its owner, except what cannot, except what cannot, meaning except that which is essential.

Yahya related to me that Malik said, "I consider that if a man dies and he has not paid zakat on his property, then zakat is taken from the third of his property (from which he can make bequests), and the third is not exceeded and the zakat is given priority over bequests. In my opinion it is the same as if he had a debt, which is why I think it should be given priority over bequests."

Malik continued, "This applies if the deceased has asked for the zakat to be deducted. If the deceased has not asked for it to be deducted but his family do so then that is good, but it is not binding upon them if they do not do it."

Malik continued, "The sunna which we are all agreed upon is that zakat is not due from someone who inherits a debt (i.e. wealth that was owed to the deceased), or goods, or a house, or a male or female slave, until a year has elapsed over the price realised from whatever he sells (i.e. slaves or a house, which are not zakatable) or over the wealth he inherits, from the day he sold the things, or took possession of them."

Malik said, "The sunna with us is that zakat does not have to be paid on wealth that is inherited until a year has elapsed over it."

Yahya related to me from Malik that he heard that the Messenger of Allah, may Allah bless him and grant him peace, entered the mosque and found Abu Bakr as-Siddiq and Umar ibn al-Khattab there. He questioned them and they said, "Hunger has driven us out." The Messenger of Allah, may Allah bless him and grant him peace, said, "And hunger has brought me out." They went to Abu'l-Haytham ibn at- Tayyihan al-Ansari. He ordered that some barley that was in the house be prepared and he got up to slaughter a sheep for them. The Messenger of Allah, may Allah bless him and grant him peace, said, "Leave the one with milk." He slaughtered a sheep for them and brought them sweet water and it was hung on a palm-tree. Then they were brought the food and ate it and drank the water. The Messenger of Allah, may Allah bless him and grant him peace, recited, "Then, on that day, you will be asked concerning pleasure." (Sura 102 ayat 8).

During the Prophet's fatal illness, he used to recite the Mu'auwidhat (Surat An-Nas and Surat Al- Falaq) and then blow his breath over his body. When his illness was aggravated, I used to recite those two Suras and blow my breath over him and make him rub his body with his own hand for its blessings." (Ma`mar asked Az-Zuhri: How did the Prophet use to blow? Az-Zuhri said: He used to blow on his hands and then passed them over his face.)

The Prophet, during his fatal ailment used to blow (on his hands and pass them) over his body while reciting the Mu'auwidhat (Surat-an-Nas and Surat-al-Falaq). When his disease got aggravated, I used to recite them for him and blow (on his hands) and let him pass his hands over his body because of its blessing. (Ma`mar asked Ibn Shihab: How did he use to do Nafth? He said: He used to blow on his hands and then pass them over his face.)

Allah's Apostles said, "When a slave (of Allah) commits illegal sexual intercourse, he is not a believer at the time of committing it; and if he steals, he is not a believer at the time of stealing; and if he drinks an alcoholic drink, when he is not a believer at the time of drinking it; and he is not a believer when he commits a murder," 'Ikrima said: I asked Ibn Abbas, "How is faith taken away from him?" He said, Like this," by clasping his hands and then separating them, and added, "But if he repents, faith returns to him like this, by clasping his hands again.

Anas bin Malik said, "Once the time of the prayer became due and the people whose houses were close to the Mosque went to their houses to perform ablution, while the others remained (sitting there). A stone pot containing water was brought to the Prophet, who wanted to put his hand in it, but It was too small for him to spread his hand in it, and so he had to bring his fingers together before putting his hand in the pot. Then all the people performed the ablution (with that water)." I asked Anas, "How many persons were they." He replied, "There were eighty men."

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, "When honesty is lost, then wait for the Hour." It was asked, "How will honesty be lost, O Allah's Apostle?" He said, "When authority is given to those who do not deserve it, then wait for the Hour."

That he heard 'Umar bin Al-Khattab saying: "I heard the Messenger of Allah (saws) saying: 'The martyrs are four: A believing man whose faith is good, he meets the enemy and proves faithful to Allah until he is killed. That is the one to whom the people will raise up their eyes like this on the Day of Judgement' and he raised his head until his Qalansuwah fell - [he said:] I do not know if it was 'Umar's Qalansuwah or the Qalansuwah of the Prophet (saws) that fell - he said, 'And a believing man whose faith is good (but not as brave as first), he meets the enemy, but due to cowardice, it only appears that he was struck with a thorn of an acacia tree when an unexpected arrow comes to him, yet it kills him. He is among the second level. And a believing man who has mixed righteous deed with another evil one, he meets his enemy and proves faithful to Allah until he is killed. This one is in the third level. And a believing man who wasted himself (in wrongdoing), he meets the enemy and proves faithful to Allah until he is killed. This one is in the fourth level.'"

[Abu 'Eisa said:] This Hadith is Hasan Gharib, it is not known except as a narration of 'Ata bin Dinar.

He said: I heard Muhammad saying: "Sa'eed bin Abi Ayyub reported this Hadith from 'Ata bin Dinar - from some Shaikhs of Khawlan - and he did not mention 'from Abu Yazid' in it." And he said: "'Ata bin Dinar; there is no harm in him."

When the ailment of the Prophet got aggravated, he became unconscious whereupon Fatima said, "Oh, how distressed my father is!" He said, "Your father will have no more distress after today." When he expired, she said, "O Father! Who has responded to the call of the Lord Who has invited him! O Father, whose dwelling place is the Garden of Paradise (i.e. Al-Firdaus)! O Father! We convey this news (of your death) to Gabriel." When he was buried, Fatima said, "O Anas! Do you feel pleased to throw earth over Allah's Apostle?"