Yahya related to me from Malik that Yahya ibn Said heard Sulayman ibn Yasar mention that a face wound in which the bone was bared was like a head wound in which the bone was bared, unless the face was scarred by the wound. Then the blood-money is increased by one half of the blood-money of the head wound in which the skin was bared so that seventy five dinars are payable for it.

Malik said, "What is done in our community is that the head wound with splinters has fifteen camels." He explained, "The head wound with splinters is that from which pieces of bone fly off and which does not reach the brain. It can be in the head or the face."

Malik said, "The generally agreed on way of doing things in our community, is that there is no retaliation for a wound to the brain or a belly wound, and Ibn Shihab has said, 'There is no retaliation for a wound to the brain.' "

Malik explained, "The wound to the brain is what pierces the bones to the brain. This type of wound only occurs in the head. It is that which reaches the brain when the bones are pierced."

Malik said, "What is done in our community is that there is no blood-money paid on any head wound less than one which lays bare the skull. Blood-money is payable only for the head wound that bares the bone and what is worse than that. That is because the Messenger of Allah, may Allah bless him and grant him peace, stopped at the head wound which bared the bone in his letter to Amr ibn Hazm. He made it five camels. The imams, past and present, have not made any blood- money payable for injuries less than the head wound which bares the bone."

The Messenger of Allah (saws) would not pray in our wrappers or in our quilts.

Ubaydullah said: My father (Mu'adh) doubted this.

Anas reported Allah's Apostle (may peace be upon him) was at az-Zaura' and a vessel containing water was brought to him in which his finger could not be completely dipped or completely covered; the rest of the hadith is the same.

We were one hundred and thirty men sitting with the Prophet. The Prophet said, "Have anyone of you any food with him?" It happened that one man had one Sa of wheat flour (or so) which was turned into dough then. After a while a tall lanky pagan came, driving some sheep. The Prophet asked, 'Will you sell us (a sheep), or give (it to) us as a gift?" The pagan said, "No, but I will sell it " So the Prophet bought from him a sheep which was slaughtered, and then the Prophet ordered that the liver, the kidneys, lungs and heart, etc., of that sheep be roasted. By Allah, none of those one hundred and thirty men but had his share of those things. The Prophet gave to those who were present, and also kept a share for those who were absent He then served that cooked sheep in two big trays and we all ate together our fill; yet there remained a part of it in those two trays which I carried on the camel.

On the day of the conquest of Mecca, Abdullah ibn Sa'd ibn AbuSarh hid himself with Uthman ibn Affan.

He brought him and made him stand before the Prophet (saws), and said: Accept the allegiance of Abdullah, Messenger of Allah! He raised his head and looked at him three times, refusing him each time, but accepted his allegiance after the third time.

Then turning to his companions, he said: Was not there a wise man among you who would stand up to him when he saw that I had withheld my hand from accepting his allegiance, and kill him?

They said: We did not know what you had in your heart, Messenger of Allah! Why did you not give us a signal with your eye?

He said: It is not advisable for a Prophet to play deceptive tricks with the eyes.

Allah's Apostle was informed about my fasts, and he came to me and I spread for him a leather cushion stuffed with palm fires, but he sat on the ground and the cushion remained between me and him, and then he said, "Isn't it sufficient for you to fast three days a month?" I replied, "O Allah's Apostle! (I can fast more)." He said, "Five?" I replied, "O Allah's Apostle! (I can fast more)." He said, "Seven?" I replied, "O Allah's Apostle! (I can fast more)." He said, "Nine (days per month)?" I replied, "O Allah's Apostle! (I can fast more)" He said, "Eleven (days per month)?" And then the Prophet said, "There is no fast superior to that of the Prophet David it was for half of the year. So, fast on alternate days."

Yahya related to me from Malik from Abdullah ibn Abd ar-Rahman abu Husayn al-Makki that the Messenger of Allah, may Allah bless him and grant him peace, said, "The hand is not cut off for fruit hanging on the tree and for sheep kept in the mountains. So when they are taken from the fold or the place where the fruit is dried, a hand is cut off for whatever reaches the price of a shield."

It has been narrated on the authority of Anas b. Malik that the Messenger of Allah (may peace be upon him) would not come (back) to his family by night. He would come to them in the morning or in the evening.

The news of my fasting was mentioned to the Prophet . So he entered upon me and I put for him a leather cushion stuffed with palm-fibres. The Prophet sat on the floor and the cushion was between me and him. He said to me, "Isn't it sufficient for you (that you fast) three days a month?" I said, "O Allah's Apostle! (I can fast more than this)." He said, "You may fast) five days a month." I said, "O Allah's Apostle! (I can fast more than this)." He said, "(You may fast) seven days." I said, "O Allah's Apostle!" He said, "Nine." I said, "O Allah's Apostle!" He said, "Eleven." I said, "O Allah's Apostle!" He said, "No fasting is superior to the fasting of (the Prophet David) which was one half of a year, and he used, to fast on alternate days. (See Hadith No. 300, Vol 3)

"The Messenger of Allah (saws) took the hand of a leper and put it in the Qas'ah. Then he said: 'Eat in Allah's Name, trusting in Allah and relying upon Him.'"

[Abu 'Eisa said:] This is a Gharib Hadith, we do not know of it except through the report of Yunus bin Muhammad, from Al-Mufaddal bin Fadalah, a Shaikh from Al-Basrah. There is another Shaikh from Al-Basrah named Al-Mufaddal bin Fadalah, who is more reliable han this one and more popular. Shu'bah reported this Hadith from Habib bin Ash-Shahid, from Ibn Buraidah: "That Ibn 'Umar took the hand of a leper" and the narration of Shu'bah is more appropriate to me and more correct.

That the Messenger of Allah (saws) said: "Dying in the cause of Allah expiates every sin." Jibril said: "Except for debt." So the Messenger of Allah (saws) said: "Except the debt."

[Abu 'Eisa said:] There are narrations on this topic from Ka'b bin 'Ujrah, Jabir, Abu Hurairah, and Abu Qatadah. This Hadith is Gharib, we do not know of it as a Hadith of Abu Bakr (a narrator) except from this Shaikh (Yahya bin Talhah)

He said: I asked Muhammad bin Isma'il about this Hadith and he did not know it. He said: "I think that he intended the Hadith of Humaid, from Anas, from the Prophet (saws) that he said: 'There is none from the people of Paradise who would like to return to the world except for the martyr.'"

We were in the company of the Prophet on a journey, and whenever we ascended a high place, we used to say Takbir (in a loud voice). The Prophet said, "O people! Be kind to yourselves, for you are not calling upon a deaf or an absent one, but You are calling an All-Hearer, and an All-Seer." Then he came to me as I was reciting silently, "La haul a wala quwwata illa bil-lah." He said, "O `Abdullah bin Qais! Say: La haul a walaquwata illa bil-lah, for it is one of the treasures of Paradise." Or he said, "Shall I tell you a word which is one of the treasures of Paradise? It is: La haul a wala quwwata illa bil-lah."

I testify that Allah's Apostle said, "The taking of a bath on Friday is compulsory for every male Muslim who has attained the age of puberty and (also) the cleaning of his teeth with Siwak, and the using of perfume if it is available." `Amr (a sub-narrator) said, "I confirm that the taking of a bath is compulsory, but as for the Siwak and the using of perfume, Allah knows better whether it is obligatory or not, but according to the Hadith it is as above.")

I was a blacksmith and Al-Asi Bin Wail owed me a debt, so I went to him to demand it. He said to me. "I will not pay you your debt till you disbelieve in Muhammad." I said, "I will not disbelieve in Muhammad till you die and then be resurrected." He said, "Will I be resurrected after my death? If so, I shall pay you (there) if I should find wealth and children." So there was revealed:-- 'Have you seen him who disbelieved in Our Signs, and yet says: I shall certainly be given wealth and children? Has he, known to the unseen or has he taken a covenant from (Allah) the Beneficent? Nay ! We shall record what he says, and we shall add and add to his punishment. And We shall inherit from him all that he talks of, and he shall appear before Us alone.' (19.77-80)

The Prophet said, "Do not practice Al-Wisal (fasting continuously without breaking one's fast in the evening or eating before the following dawn)." The people said to the Prophet, "But you practice Al- Wisal?" The Prophet replied, "I am not like any of you, for I am given food and drink (by Allah) during the night."

The pagans were of two kinds as regards their relationship to the Prophet and the Believers. Some of them were those with whom the Prophet was at war and used to fight against, and they used to fight him; the others were those with whom the Prophet made a treaty, and neither did the Prophet fight them, nor did they fight him. If a lady from the first group of pagans emigrated towards the Muslims, her hand would not be asked in marriage unless she got the menses and then became clean. When she became clean, it would be lawful for her to get married, and if her husband emigrated too before she got married, then she would be returned to him. If any slave or female slave emigrated from them to the Muslims, then they would be considered free persons (not slaves) and they would have the same rights as given to other emigrants. The narrator then mentioned about the pagans involved with the Muslims in a treaty, the same as occurs in Mujahid's narration. If a male slave or a female slave emigrated from such pagans as had made a treaty with the Muslims, they would not be returned, but their prices would be paid (to the pagans).

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.' "

When Allah's Apostle concluded a peace treaty with the people of Hudaibiya, `Ali bin Abu Talib wrote the document and he mentioned in it, "Muhammad, Allah's Apostle ." The pagans said, "Don't write: 'Muhammad, Allah's Apostle', for if you were an apostle we would not fight with you." Allah's Apostle asked `Ali to rub it out, but `Ali said, "I will not be the person to rub it out." Allah's Apostle rubbed it out and made peace with them on the condition that the Prophet and his companions would enter Mecca and stay there for three days, and that they would enter with their weapons in cases.

That he heard Tawus narrating from Ibn 'Umar and Ibn 'Abbas, and they both narrated this Hadith from the Prophet (saws). (A Hadith similar to no. 1298).

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas (ra), is a Hasan Sahih Hadith. This Hadith is acted upon according to soe of the people of knowledge among the Companions of the Prophet (saws). They said whoever gives a gift to a closely related relative, then he is not to take back his gift. And whoever gives a gift to someone other then a close relative, then he may take it back as long as it has not been reciprocated. This is the view of Ath-Thawri. Ash-Shafi'i said: "It is not lawful for any that has given a gift to take it back except for what the father gave to his son." Ash-Shafi'i argued with the Hadith of 'Abdullah bin 'Umar from the Prophet (saws): "It is not lawful for anyone that has given a gift to take it back, except for a father who give something to his son."

People say, "Whenever you sit for answering the call of nature, you should not face the Qibla or Baitul-Maqdis (Jerusalem)." I told them. "Once I went up the roof of our house and I saw Allah's Apostle answering the call of nature while sitting on two bricks facing Baitul-Maqdis (Jerusalem) (but there was a screen covering him. ' (Fath-al-Bari, Page 258, Vol. 1).

(the wife of the Prophet) that she was told that `Abdullah bin Az-Zubair (on hearing that she was selling or giving something as a gift) said, "By Allah, if `Aisha does not give up this, I will declare her incompetent to dispose of her wealth." I said, "Did he (`Abdullah bin Az-Zubair) say so?" They (people) said, "Yes." `Aisha said, "I vow to Allah that I will never speak to Ibn Az-Zubair." When this desertion lasted long, `Abdullah bin Az-Zubair sought intercession with her, but she said, "By Allah, I will not accept the intercession of anyone for him, and will not commit a sin by breaking my vow." When this state of affairs was prolonged on Ibn Az-Zubair (he felt it hard on him), he said to Al- Miswar bin Makhrama and `Abdur-Rahman bin Al-Aswad bin 'Abu Yaghuth, who were from the tribe of Bani Zahra, "I beseech you, by Allah, to let me enter upon `Aisha, for it is unlawful for her to vow to cut the relation with me." So Al-Miswar and `Abdur-Rahman, wrapping their sheets around themselves, asked `Aisha's permission saying, "Peace and Allah's Mercy and Blessings be upon you! Shall we come in?" `Aisha said, "Come in." They said, "All of us?" She said, "Yes, come in all of you," not knowing that Ibn Az- Zubair was also with them. So when they entered, Ibn Az-Zubair entered the screened place and got hold of `Aisha and started requesting her to excuse him, and wept. Al-Miswar and `Abdur Rahman also started requesting her to speak to him and to accept his repentance. They said (to her), "The Prophet forbade what you know of deserting (not speaking to your Muslim Brethren), for it is unlawful for any Muslim not to talk to his brother for more than three nights (days)." So when they increased their reminding her (of the superiority of having good relation with Kith and kin, and of excusing others' sins), and brought her down to a critical situation, she started reminding them, and wept, saying, "I have made a vow, and (the question of) vow is a difficult one." They (Al-Miswar and `Abdur-Rahman) persisted in their appeal till she spoke with `Abdullah bin Az- Zubair and she manumitted forty slaves as an expiation for her vow. Later on, whenever she remembered her vow, she used to weep so much that her veil used to become wet with her tears.

I and my father came to the Prophet (saws). He said to a man or to my father: Who is this? He replied: He is my son. He said: Do not commit a crime on him. He had stained his beard with henna.

Yahya related to me from Malik that he had asked Ibn Shihab about a man who had a slave-girl as a wife, and then he bought her, and divorced her once. He said, "She is halal for him by the possession of the right hand as long as he does not make his divorce irrevocable. If he irrevocably divorces her, she is not halal for him by the possession of the right hand until she has married another husband."

Malik said that if a man rnarried a female slave and then she had a child by him, and then he bought her, she was not an umm walad for him because of the child born to him while she belonged to another, until she had had a child by him while she was in his possession after he had purchased her.

Malik said, "If he buys her and she is pregnant by him and she then gives birth while she belongs to him, she is his umm walad by that pregnancy, according to what we think, and Allah knows best."