Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked about a woman who made a stipulation on her husband not to take her away from her town. Said ibn al-Musayyab said, "He takes her away if he wishes."

Malik said, "The custom among us is that when a man marries a woman, and he makes a condition in the marriage contract that he will not marry after her or take a concubine, it means nothing unless there is an oath of divorce or setting-free attached to it. Then it is obliged and required of him."

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

The Prophet (saws) said: Its (Medina's) fresh grass is not to be cut, its game is not to be driven away, and things dropped in it are to be picked up by one who publicly announces it, and it is not permissible for any man to carry weapons in it for fighting, and it is not advisable that its trees are cut except what a man cuts for the fodder of his camel.

The Prophet (saws) as saying: Any woman who wears a gold necklace will have a similar one of fire put on her neck on the Day of Resurrection, and any woman who puts a gold earring in her ear will have a similar one of fire put in her ear on the Day of Resurrection.

Yahya related to me from Malik from Humayd ibn Qays al-Makki that a man called Dhafif said that Ibn Abbas was asked about coitus interruptus. He called a slave-girl of his and said, "Tell them." She was embarrassed. He said, "It is alright, and I do it myself."

Malik said, "A man does not practise coitus interruptus with a free woman unless she gives her permission. There is no harm in practising coitus interruptus with a slave-girl without her permission. Someone who has someone else's slave-girl as a wife, does not practise coitus interruptus with her unless her people give him permission."

Yahya related to me from Malik from Abdullah ibn Dinar from Abdullah ibn Umar that Umar ibn al-Khattab said, "Do not sell gold for gold except like for like. Do not increase part of it over another part. Do not sell silver for silver except like for like, and do not increase part of it over another part. Do not sell some of it which is there for some of it which is not. If someone asks you to wait for payment until he has been to his house, do not leave him. I fear rama for you." Rama is usury.

Regarding the Verse:--"They ask your instruction concerning the women. Say: Allah instructs you about them and yet whom you desire to marry." (4.127) (has been revealed regarding the case of) a man who has an orphan girl, and he is her guardian and her heir. The girl shares with him all his property, even a date-palm (garden), but he dislikes to marry her and dislikes to give her in marriage to somebody else who would share with him the property she is sharing with him, and for this reason that guardian prevents that orphan girl from marrying. So, this Verse was revealed: (And Allah's statement:) "If a woman fears cruelty or desertion on her husband's part." (4.128)

A woman from the offspring of Ja`far was afraid lest her guardian marry her (to somebody) against her will. So she sent for two elderly men from the Ansar, `AbdurRahman and Mujammi', the two sons of Jariya, and they said to her, "Don't be afraid, for Khansa' bint Khidam was given by her father in marriage against her will, then the Prophet cancelled that marriage." (See Hadith No. 78)

My father said, "The Prophet said, 'When I stand for prayer, I intend to prolong it but on hearing the cries of a child, I cut it short, as I dislike to trouble the child's mother.' "

The Prophet said, "Night prayer is offered as two rak`at followed by two rak`at and so on, and if you want to finish it, pray only one rak`a which will be witr for all the previous rak`at." Al-Qasim said, "Since we attained the age of puberty we have seen some people offering a three-rak`at prayer as witr and all that is permissible. I hope there will be no harm in it."

Allah's Apostle used to pray eleven rak`at at night and that was his night prayer and each of his prostrations lasted for a period enough for one of you to recite fifty verses before Allah's Apostle raised his head. He also used to pray two rak`at (Sunnah) before the (compulsory) Fajr prayer and then lie down on his right side till the Mu'adh-dhin came to him for the prayer.

This hadith has been transmitted on the authority of Uthman and A'isha with the same wording.

Some people claim that the order in the above Verse is cancelled, by Allah, it is not cancelled, but the people have stopped acting on it. There are two kinds of guardians (who are in charge of the inheritance): One is that who inherits; such a person should give (of what he inherits to the relatives, the orphans and the needy, etc.), the other is that who does not inherit (e.g. the guardian of the orphans): such a person should speak kindly and say (to those who are present at the time of distribution), "I can not give it to you (as the wealth belongs to the orphans).

That a man came to him (while two groups of Muslims were fighting) and said, "O Abu `Abdur Rahman! Don't you hear what Allah has mentioned in His Book: 'And if two groups of believers fight against each other...' (49.9) So what prevents you from fighting as Allah has mentioned in His Book?"' Ibn `Umar said, "O son of my brother! I would rather be blamed for not fighting because of this Verse than to be blamed because of another Verse where Allah says: 'And whoever kills a believer intentionally..." (4.93) Then that man said, "Allah says:-- 'And fight them until there is no more afflictions (worshipping other besides Allah) and the religion (i.e. worship) will be all for Allah (Alone)" (8.39) Ibn `Umar said, "We did this during the lifetime of Allah's Apostle when the number of Muslims was small, and a man was put to trial because of his religion, the pagans would either kill or chain him; but when the Muslims increased (and Islam spread), there was no persecution." When that man saw that Ibn `Umar did not agree to his proposal, he said, "What is your opinion regarding `Ali and `Uthman?" Ibn `Umar said, "What is my opinion regarding `Ali and `Uthman? As for `Uthman, Allah forgave him and you disliked to forgive him, and `Ali is the cousin and son-in-law of Allah's Apostle ." Then he pointed out with his hand and said, "And that is his daughter's (house) which you can see."

The Prophet and his companions assumed Ihram for Hajj and none except the Prophet and Talha had the Hadi with them. `Ali had come from Yemen and he had the Hadi with him. He (`Ali) said, "I have assumed Ihram with an intention like that of Allah's Apostle has assumed it." The Prophet ordered his companions to intend the Ihram with which they had come for `Umra, to perform the Tawaf of the Ka`ba (and between Safa and Marwa), to get their hair cut short and then to finish their Ihram with the exception of those who had the Hadi with them. They asked, "Shall we go to Mina and the private organs of some of us are dribbling (if we finish Ihram and have sexual relations with our wives)?" The Prophet heard that and said, "Had I known what I know now, I would not have brought the Hadi. If I did not have the Hadi with me I would have finished my Ihram." `Aisha got her menses and performed all the ceremonies (of Hajj) except the Tawaf . So when she became clean from her menses, and she had performed the Tawaf of the Ka`ba, she said, "O Allah's Apostle! You (people) are returning with both Hajj and `Umra and I am returning only with Hajj!" So, he ordered `Abdur Rahman bin Abu Bakr to go with her to at-Tan`im. Thus she performed `Umra after the Hajj in the month of Dhi-l-Hijja. Suraqa bin Malik bin Ju'sham met the Prophet at Al-`Aqaba (Jamrat-ul 'Aqaba) while the latter was stoning it and said, "O Allah's Apostle! Is this permissible only for you?" The Prophet replied, "No, it is for ever (i.e. it is permissible for all Muslims to perform `Umra before Hajj."

'Umar sent for me when the day rose high. I found him sitting on a couch without cover. When I entered upon him, he said: Malik, some people of you tribe gradually came here, and I have ordered to give them something, so distribute it among them. I said: If you assigned this (work) to some other person, (it would be better). He said: Take it. Then Yarfa' came to him and said: Commander of the Faithful, will you permit 'Uthman b. 'Affan, 'Abd al-Rahman b. 'Awf, al-Zubair b. al-'Awwam, and Sa'd b, Abi Waqqas (to enter) ? He said: Yes. So he permitted them and they entered. Yarfa' again came to him and said: Commander of the Faithful, would you permit al-'Abbas and 'Ali ? He said: Yes. He then permitted them and they entered. Al-'Abbas said: Commander of Faithful, decide between me and this, referring to 'Ali. Some of them said: Yes, Commander of the Faithful, decide between them and give them comfort. Malik b. Aws said: It occurred to me that both of them brought the other people for this. 'Umar said: Show patience (do not make haste). He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then said: Allah has appointed for the Messenger of Allah (saws) a special portion (in the booty) which he did not do for anyone. Allah, Most High, said: What Allah has bestowed on His Apostle (and taken away) from them - for this ye made no expedition with either cavalry or camelry. But Allah gives power to His apostles over any He pleases ; and Allah has power over all things". Allah bestowed (the property of) Banu al-Nadir on His Apostle. I swear by Allah, he did not reserve it for himself, nor did he take it over and above you. The Messenger of Allah (saws) used to his share for his maintenance annually, or used to take his contribution and give his family their annual contribution (from this property), then take what remained and deal with it as he did with Allah's property. He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: ...

On his father's authority, said that his grandfather told that a man came to the Prophet (saws) and said: I am poor, I have nothing (with me), and I have an orphan. He said: Use the property of your orphan without spending it lavishly, hurrying and taking it as your own property.

Malik related to me that he had heard that Said ibn al-Musayyab spoke about a man who died and left three sons and left mawali whom he had freed. Then two of his sons died and left children. He said, "The third remaining son inherits the mawali. When he dies, his children and the children of his brothers share equally in the wala' of the mawali."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "If someone dedicates an animal and then it goes astray or dies, he should provide a substitute, if it was for a vow. If, however, it was voluntary, then he can either provide a substitute for it or not, as he wishes."

[Abu 'Eisa said:] The Hadith of Ishaq bin Yusuf is a Hasan Sahih Gharib Hadith as narration of Sufyan Ath-Thawri

Malik related to me that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, said, "There is no Prophet who has not herded sheep," and someone asked, "You as well, Messenger of Allah?" He said, "Myself as well."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say that men and their wives used to do wudu together in the time of the Messenger of Allah.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that the Messenger of Allah, may Allah bless him and grant him peace, forbade travelling with a Qur'an in the land of the enemy. Malik commented, "That is out of fear that the enemy will get hold of it."

Yahya said that Malik had said from Da'ud ibn al-Husayn that he heard Abu Ghatafan ibn Tarif al-Muriyi say, "Zayd ibn Thabit al-Ansari and Ibn Muti had a dispute about a house which they shared. They went to Marwan ibn al-Hakam who was the Amir of Madina. Marwan decided that Zayd ibn Thabit must take an oath on the mimbar. Zayd ibn Thabit said, 'I swear to it where I am.' Marwan said, 'No, by Allah! only in the place of sorting out claims (i.e. the mimbar).' Zayd ibn Thabit began to take an oath that his right was true, and he refused to take an oath near the mimbar. Marwan ibn al-Hakam began to wonder at that."

Malik said, "I do not think that anyone should be made to take an oath near the mimbar for less than a fourth of a dinar, and that is three dirhams."

Yahya related to me from Malik from Yazid ibn Khusayfa that Amr ibn Abdullah ibn Kab as-Salami told him that Nafi ibn Jubayr told him that Uthman ibn Abi al-As came to the Messenger of Allah, may Allah bless him and grant him peace. Uthman said that he had a pain which was enough to kill him. The Messenger of Allah, may Allah bless him and grant him peace, said, "Rub it with your right hand seven times and say, 'I take refuge with the might of Allah and His power from the evil of what I feel.' "

Uthman added, "I said that, and Allah removed what I had. I still command my family and others to say it."

That he heard As-Sa'b bin Jath-thama Al-Laithi, who was one of the companions of the Prophet, saying that he gave the meat of an onager to Allah's Apostle while he was at a place called Al-Abwa' or Waddan, and was in a state of Ihram. The Prophet did not accept it. When the Prophet saw the signs of sorrow on As-Sa'b's face because of not accepting his present, he said (to him), "We are not returning your present, but we are in the state of Ihram." (See Hadith No. 747)

That heard Allah's Apostle saying, "We are the last but will be the foremost to enter Paradise)." The Prophet added, "He who obeys me, obeys Allah, and he who disobeys me, disobeys Allah. He who obeys the chief, obeys me, and he who disobeys the chief, disobeys me. The Imam is like a shelter for whose safety the Muslims should fight and where they should seek protection. If the Imam orders people with righteousness and rules justly, then he will be rewarded for that, and if he does the opposite, he will be responsible for that."

Yahya related to me from Malik from one of the Ansar that the Messenger of Allah, may Allah bless him and grant him peace, forbade defecating or urinating while facing the qibla.

Yahya related to me from Malik from Zayd ibn Aslam from his father that the Messenger of Allah, may Allah bless him and grant him peace, was on one of his journeys, and one night Umar ibn al-Khattab, who was travelling with him, asked him about something, but he did not answer him. He asked him again, but he did not answer him. Then he asked him again, and again he did not answer him. Umar said, "May your mother be bereaved of you, Umar. Three times you have importuned the Messenger of Allah, may Allah bless him and grant him peace, with a question and he has not answered you at all."

Umar continued, "I got my camel moving until, when I was in front of the people, I feared that a piece of Qur'an was being sent down about me. It was not long before I heard a crier calling for me, and I said that I feared that a piece of Qur'an had been sent down about me." He continued, "I came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Peace be upon you' to him, and he said, 'A sura has been sent down to me this night that is more beloved to me than anything on which the sun rises.' Then he recited al-Fath (Sura 48).