Yahya said from Malik from Ibn Shihab from Urwa ibn az-Zubayr that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, ''Utba ibn Abi Waqqas disclosed to his brother, Sad ibn Abi Waqqas, that he was the father of the son of the slave-girl of Zama, and made him promise to look after him (after his death). In the year of the conquest, Sad took him and said, 'He is the son of my brother. He covenanted with me about him.' Abd ibn Zama stood up and said, 'He is my brother and the son of my father's slave-girl. He was born on his bed.' They went to the Messenger of Allah, may Allah bless him and grant him peace. Sad said, 'Messenger of Allah! He is the son of my brother, he made a covenant with me about him.' Abd ibn Zama said, 'He is my brother and the son of my father's slave-girl and was born on my father's bed.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is yours, Abd ibn Zama.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A child belongs to the household (where he was born) and the adulterer is stoned.' Then he told Sawda bint Zama, 'Veil yourself from him,' since he saw in him a resemblance to Utba ibn Abi Waqqas." A'isha added, "He did not see her until he met Allah, the Mighty, the Majestic!"

'Aishah, the wife of the Prophet (saws) told him that there were four types of marriage during Pre-Islamic period of Ignorance. One type was similar to that of the present day i.e. a man used to ask somebody else for the hand of a girl under his guardianship or for his daughter's hand, and give her Mahr and then marry her. The second type was that a man would say to his wife after she had become clean from her period. "Send for so-and-so and have sexual intercourse with him." Her husband would then keep away from her and would never sleep with her till she got pregnant from the other man with whom she was sleeping. When her pregnancy became evident, he husband would sleep with her if he wished. Her husband did so (i.e. let his wife sleep with some other man) so that he might have a child of noble breed. Such marriage was called as Al-Istibda'. Another type of marriage was that a group of less than ten men would assemble and enter upon a woman, and all of them would have sexual relation with her. If she became pregnant and delivered a child and some days had passed after delivery, she would sent for all of them and none of them would refuse to come, and when they all gathered before her, she would say to them, "You (all) know waht you have done, and now I have given birth to a child. So, it is your child so-and-so!" naming whoever she liked, and her child would follow him and he could not refuse to take him. The fourth type of marriage was that many people would enter upon a lady and she would never refuse anyone who came to her. Those were the prostitutes who used to fix flags at their doors as sign, and he who would wished, could have sexual intercourse with them. If anyone of them got pregnant and delivered a child, then all those men would be gathered for her and they would call the Qa'if (persons skilled in recognizing the likeness of a child to his father) to them and would let the child follow the man (whom they recognized as his father) and she would let him adhere to him and be called his son. The man would not refuse all that. But when Muhammad (saws) was sent with the Truth, he abolished all the types of marriages observed in pre-Islamic period of Ignorance except the type of marriage the people recognize today.

A man came to Ibn `Umar and asked about `Uthman and Ibn `Umar mentioned his good deeds and said to the questioner. "Perhaps these facts annoy you?" The other said, "Yes." Ibn `Umar said, "May Allah stick your nose in the dust (i.e. degrade you)!' Then the man asked him about `Ali. Ibn `Umar mentioned his good deeds and said, "It is all true, and that is his house in the midst of the houses of the Prophet. Perhaps these facts have hurt you?" The questioner said, "Yes." Ibn `Umar said, "May Allah stick your nose in the dust (i.e. degrade you or make you do things which you hate) ! Go away and do whatever you can against me."

`Utba bin Abu Waqqas took a firm promise from his brother Sa`d bin Abu Waqqas to take the son of the slave-girl of Zam`a into his custody as he was his (i.e. `Utba's) son. In the year of the Conquest (of Mecca) Sa`d bin Abu Waqqas took him, and said that he was his brother's son, and his brother took a promise from him to that effect. 'Abu bin Zam`a got up and said, "He is my brother and the son of the slave-girl of my father and was born on my father's bed." Then they both went to the Prophet Sa`d said, "O Allah's Apostle! He is the son of my brother and he has taken a promise from me that I will take him." 'Abu bin Zam`a said, "(He is) my brother and the son of my father's slave-girl and was born on my father's bed." Allah's Apostle said, "The boy is for you. O 'Abu bin Zam`a." Then the Prophet said, "The son is for the bed (i.e. the man on whose bed he was born) and stones (disappointment and deprivation) for the one who has done illegal sexual intercourse." The Prophet told his wife Sauda bint Zam`a to screen herself from that boy as he noticed a similarity between the boy and `Utba. So, the boy did not see her till he died.

Az-Zubair told me that he quarreled with an Ansari man who had participated in (the battle of) Badr in front of Allah's Apostle about a water stream which both of them used for irrigation. Allah's Apostle said to Az-Zubair, "O Zubair! Irrigate (your garden) first, and then let the water flow to your neighbor." The Ansari became angry and said, "O Allah's Apostle! Is it because he is your cousin?" On that the complexion of Allah's Apostle changed (because of anger) and said (to Az-Zubair), "I irrigate (your garden) and then withhold the water till it reaches the walls (surrounding the palms)." So, Allah's Apostle gave Az-Zubair his full right. Before that Allah's Apostle had given a generous judgment beneficial for Az-Zubair and the Ansari, but when the Ansan irritated Allah's Apostle he gave Az-Zubair his full right according to the evident law. Az-Zubair said, "By Allah ! I think the following Verse was revealed concerning that case: "But no by your Lord They can have No faith Until they make you judge In all disputes between them." (4.65)

That he asked Ibn `Abbas, "Is there a prostration Surat-al-Sa`d?" (38.24) Ibn `Abbas said, "Yes," and then recited: "We gave...So follow their guidance." (6.85,90) Then he said, "He (David ) is one them (i.e. those prophets)." Mujahid narrated: I asked Ibn `Abbas (regarding the above Verse). He said, "Your Prophet (Muhammad) was one of those who were ordered to follow them."

This hadith is reported on the authority of Abu Sa'id with the same chain of transmitters but with a slight variation (of words).

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.

Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."

Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.

Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."

Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."

Malik ...

A man asked Allah's Apostle about "Al-Luqata" (a lost fallen purse or a thing picked up by somebody). The Prophet said, "You should announce it publicly for one year, and then remember and recognize the tying material of its container, and then you can spend it. If its owner came to you, then you should pay him its equivalent." The man said, "O Allah's Apostle! What about a lost sheep?" The Prophet said, "Take it because it is for you, for your brother, or for the wolf." The man again said, "O Allah's Apostle! What about a lost camel?" Allah's Apostle became very angry and furious and his cheeks became red (or his face became red), and he said, "You have nothing to do with it (the camel) for it has its food and its water container with it till it meets its owner."

Allah's Apostle said, "If somebody is ordered (by the ruler or the judge) to take an oath, and he takes a false oath in order to grab the property of a Muslim, then he will incur Allah's Wrath when he will meet Him." And Allah revealed in its confirmation: 'Verily! Those who purchase a small gain at the cost of Allah's covenants and their own oaths.' (3.77) (The sub-narrator added:) Al-Ash'ath bin Qais entered, saying, "What did Abu `Abdur-Rahman narrate to you?" They said, "So-and-so," Al-Ash'ath said, "This verse was revealed in my connection. I had a well on the land of my cousin (and we had a dispute about it). I reported him to Allah 's Apostle who said (to me). "You should give evidence (i.e. witness) otherwise the oath of your opponent will render your claim invalid." I said, "Then he (my opponent) will take the oath, O Allah's Apostle." Allah's Apostle said, "Whoever is ordered (by the ruler or the judge) to give an oath, and he takes a false oath in order to grab the property of a Muslim, then he will incur Allah's Wrath when he meets Him on the Day of Resurrection."

Aflah, the brother of Abi Al-Qu`ais, asked permission to visit me after the order of Al-Hijab was revealed. I said, "I will not permit him unless I take permission of the Prophet about him for it was not the brother of Abi Al-Qu`ais but the wife of Abi Al-Qu`ais that nursed me." The Prophet entered upon me, and I said to him, "O Allah's Apostle! Aflah, the brother of Abi Al-Qu`ais asked permission to visit me but I refused to permit him unless I took your permission." The Prophet said, "What stopped you from permitting him? He is your uncle." I said, "O Allah's Apostle! The man was not the person who had nursed me, but the woman, the wife of Abi Al-Qu`ais had nursed me." He said, "Admit him, for he is your uncle. Taribat Yaminuki (may your right hand be saved)" `Urwa, the sub-narrator added: For that `Aisha used to say, "Consider those things which are illegal because of blood relations as illegal because of the corresponding foster relations."

Yahya related to me from Malik from Yahya ibn Said that Muhammad ibn Yahya ibn Habban said, "My grandfather Habban had two wives, one from the Hashimites and one from the Ansars. He divorced the Ansariyya while she was nursing, and a year passed and he died and she had still not yet menstruated. She said, 'I inherit from him. I have not menstruated yet.' The wives quarrelled and went to Uthman ibn Affan. He decided that she did inherit, and the Hashimiyya rebuked Uthman. He said, 'This is the practice of the son of your paternal uncle. He pointed this out to us.' He meant Ali ibn Abi Talib."

Umayyah, daughter of AbusSalt, quoted a certain woman of Banu Ghifar, whose name was mentioned to me, as saying: The Messenger of Allah (saws) made me ride behind him on the rear of the camel saddle. By Allah, the Messenger of Allah (saws) got down in the morning. He made his camel kneel down and I came down from the back of his saddle. There was a mark of blood on it (saddle) and that was the first menstruation that I had. I stuck to the camel and felt ashamed.

When the Messenger of Allah (saws) saw what had happened to me and saw the blood, he said: Perhaps you are menstruating.

I said: Yes. He then said: Set yourself right (i.e. tie some cloth to prevent bleeding), then take a vessel of water and put some salt in it, and then wash the blood from the back of the saddle, and then return to your mount. When the Messenger of Allah (saws) conquered Khaybar, he gave us a portion of the booty. Whenever the woman became purified from her menses, she would put salt in water. And when she died, she left a will to put salt in the water for washing her (after death).

Whenever the Prophet went to bed every night, he used to cup his hands together and blow over it after reciting Surat Al-Ikhlas, Surat Al-Falaq and Surat An-Nas, and then rub his hands over whatever parts of his body he was able to rub, starting with his head, face and front of his body. He used to do that three times.

Sahl bin Sa’ad Al Sa’idi said that ‘Uwaimir bin Ashqar Al Ajilani came to ‘Asim bin Adl and said to him “Asim tell me about a man who finds a man along with his wife. Should he kill him and then be killed by you, or how should he act? Ask the Apostle of Allaah(saws) ‘Asim, for me about it. ‘Asim then asked the Apostle of Allaah(saws) about it. The Apostle of Allaah(saws) disliked the question and denounced it. What ‘Asim heard from the Apostle of Allaah(saws) fell heavy on him. When ‘Asim returned to his family ‘Uwaimr came to him and asked ‘Asim “What did the Apostle of Allaah(saws) say to you”? Asim replied “You did not do good to me”. The Apostle of Allaah(saws) disliked the question that I asked him. Thereupon ‘Uwaimir said “I swear by Allaah, I shall not leave until I ask him about it. So, ‘Uwaimir came to the Apostle of Allaah(saws) while he was sitting in the midst of the people.” He said “Apostle of Allaah(saws) tell me about a man who finds a man along with his wife. Should he kill him and then be killed by you, or how should he act?” The Apostle of Allaah(saws) said “A revelation has been sent down about you and your wife so go away and bring her. Sahl said “So we cursed one another while I was along with the people who were with the Apostle of Allaah(saws). Then when they finished, ‘Umamir said “I shall have lied against her, Apostle of Allaah(saws) if I keep her. He pronounced her divorce three times before the Apostle of Allaah(saws)commanded him (to do so).

Ibn Shihab said “Then this became the method of invoking curses.”

A bedouin came to the Prophet and said, "O Allah's Apostle! What are the biggest sins?: The Prophet said, "To join others in worship with Allah." The bedouin said, "What is next?" The Prophet said, "To be undutiful to one's parents." The bedouin said "What is next?" The Prophet said "To take an oath 'Al-Ghamus." The bedouin said, "What is an oath 'Al-Ghamus'?" The Prophet said, "The false oath through which one deprives a Muslim of his property (unjustly).

I heard Abu-l-Qasim (the Prophet) saying, "If somebody slanders his slave and the slave is free from what he says, he will be flogged on the Day of Resurrection unless the slave is really as he has described him."

I passed by the Messenger of Allah (saws) who was praying. I saluted him and he returned it by making a sign.

The narrator said: I do not know but that he said: He made a sign with his finger. This is the version reported by Qutaybah.

I was with the Messenger of Allah (saws) while Maymunah was with him. Then Ibn Umm Maktum came. This happened when we were ordered to observe veil (purdah). The Prophet (saws) said: Observe veil from him. We asked: Messenger of Allah! is he not blind? He can neither see us nor recognise us. The Prophet (saws) said: Are both of you blind? Do you not see him? AbuDawud said: This was peculiar to the wives of the Prophet (saws). Do you not see that Fatimah daughter of Qays passed her waiting period with Ibn Umm Maktum. The Prophet (saws) said to Fatimah daughter of Qays: Pass your waiting period with Ibn Umm Maktum, for he is a blind man. You can put off your clothes with him.

Yahya related to me from Malik from Nafi that he heard Abdullah ibn Umar making dua on Safa saying, "O Allah, You have said, 'call on Me - I will answer you' and You do not break Your promise. So I am askingYou, in the same way that You have guided me to Islam, not to take it away from me, and that You make me die while I am muslim."

Al-Hajjaj went to Ibn `Umar while I was present there. Al-Hajjaj asked Ibn `Umar, "How are you?" Ibn `Umar replied, "I am all right," Al-Hajjaj asked, "Who wounded you?" Ibn `Umar replied, "The person who allowed arms to be carried on the day on which it was forbidden to carry them (he meant Al-Hajjaj)."

(the wife of the Prophet) I informed Allah's Apostle that I was ill. So he said, "Perform the Tawaf while riding behind the people." I did so, and at that time the Prophet was praying beside the Ka`ba and reciting Surat-at-Tur.

That he had asked `Aisha about the meaning of the Statement of Allah: "If you fear that you shall not Be able to deal justly With the orphan girls, then Marry (Other) women of your choice Two or three or four." (4.3) She said, "O my nephew! This is about the orphan girl who lives with her guardian and shares his property. Her wealth and beauty may tempt him to marry her without giving her an adequate Mahr (bridal-money) which might have been given by another suitor. So, such guardians were forbidden to marry such orphan girls unless they treated them justly and gave them the most suitable Mahr; otherwise they were ordered to marry any other woman." `Aisha further said, "After that verse the people again asked the Prophet (about the marriage with orphan 'girls), so Allah revealed the following verses:-- 'They ask your instruction Concerning the women. Say: Allah Instructs you about them And about what is Recited unto you In the Book, concerning The orphan girls to whom You give not the prescribed portions and yet whom you Desire to marry..." (4.127) What is meant by Allah's Saying:-- 'And about what is Recited unto you is the former verse which goes:-- 'If you fear that you shall not Be able to deal justly With the orphan girls, then Marry (other) women of your choice.' (4.3) `Aisha said, "Allah's saying in the other verse:--'Yet whom you desire to marry' (4.127) means the desire of the guardian to marry an orphan girl under his supervision when she has not much property or beauty (in which case he should treat her justly). The guardians were forbidden to marry their orphan girls possessing property and beauty without being just to them, as they generally refrain from marrying them (when they are neither beautiful nor wealthy).

The Prophet used to (put) bend his head (out) to me while he was in I`tikaf in the mosque during my monthly periods and I would comb and oil his hair.

The Prophet (saws) said: When any of you dozes in the mosque (on Friday), he should change his place.

Once Gabriel promised to visit the Prophet but he delayed and the Prophet got worried about that. At last he came out and found Gabriel and complained to him of his grief (for his delay). Gabriel said to him, "We do not enter a place in which there is a picture or a dog."

Yahya related to me from Malik from Abu'l-Aswad Muhammad ibn Abd ar-Rahman ibn Nawfal from Urwa ibn az-Zubayr from Zaynab bint Abi Salama that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, said, "I once complained to the Messenger of Allah, may Allah bless him and grant him peace, that I was ill and he said, 'Do tawaf riding behind the people.' So I did tawaf riding my camel, while the Messenger of Allah, may Allah bless him and grant him peace, was praying by the side of the House, reciting Surat at-Tur."

Ibn `Abbas was asked whether he had joined the Prophet in the `Id prayer. He said, "Yes. And I could not have joined him had I not been young. (The Prophet came out) till he reached the mark which was near the house of Kathir bin As-Salt, offered the prayer, delivered the Khutba and then went towards the women. Bilal was accompanying him. He preached to them and advised them and ordered them to give alms. I saw the women putting their ornaments with their outstretched hands into Bilal's garment. Then the Prophet along with Bilal returned home.

Abu Dawud said: Similarly, this tradition has been narrated by Ibn Wahb from Malik, Hafs b. Maisarah, Dawud b. Qais and Hisham b. Sa'd. But Hisham projected it to Abu Sa'id al-Khudri.

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.

Yahya related to me from Malik from Hisham ibn Urwa from his father that Umar ibn al-Khattab once recited a piece of Qur'an requiring a prostration while he was on the mimbar on the day of jumua, and he came down and prostrated, and everyone prostrated with him. Then he recited it again the next jumua and everybody prepared to prostrate but he said, "At your ease. Allah has not prescribed it for us, unless we wish." He did not prostrate, and he stopped them from prostrating.

That they were with the Prophet on a journey. They travelled the whole night, and when dawn approached, they took a rest and sleep overwhelmed them till the sun rose high in the sky. The first to get up was Abu Bakr. Allah's Apostles used not to be awakened from his sleep, but he would wake up by himself. `Umar woke up and then Abu Bakr sat by the side of the Prophet's head and started saying: Allahu-Akbar raising his voice till the Prophet woke up, (and after traveling for a while) he dismounted and led us in the morning prayer. A man amongst the people failed to join us in the prayer. When the Prophet had finished the prayer, he asked (the man), "O so-and-so! What prevented you from offering the prayer with us?" He replied, "I am Junub," Alllah's Apostle ordered him to perform Tayammam with clean earth. The man then offered the prayer. Allah's Apostle ordered me and a few others to go ahead of him. We had become very thirsty. While we were on our way (looking for water), we came across a lady (riding an animal), hanging her legs between two water-skins. We asked her, "Where can we get water?" She replied, "Oh ! There is no water." We asked, "how far is your house from the water?" She replied, "A distance of a day and a night travel." We said, "Come on to Allah's Apostle, "She asked, "What is Allah's Apostle ?" So we brought her to Allah's Apostle against her will, and she told him what she had told us before and added that she was the mother of orphans. So the Prophet ordered that her two water-skins be brought and he rubbed the mouths of the water-skins. As we were thirsty, we drank till we quenched our thirst and we were forty men. We also filled all our waterskins and other utensils with water, but we did not water the camels. The waterskin was so full that it was almost about to burst. The Prophet then said, "Bring what (foodstuff) you have." So some dates and pieces of bread were collected for the lady, and when she went to her people, she said, "I have met either the greatest magician or a prophet as the people claim." So Allah guided the people of that village through that lady. She embraced Islam and they all embraced Islam.