Yahya related to me from Malik from Abu'z Zubayr al-Makki from Said ibn Jubayr that Abdullah ibn Abbas said, "The Messenger of Allah, may Allah bless him and grant him peace, prayed dhuhr and asr together and maghrib and isha together, and not out of fear nor because of travelling."

that he found `Umar bin Al-Khattab in a group of people and he was swearing by his father. So Allah's Apostle called them, saying, "Verily! Allah forbids you to swear by your fathers. If one has to take an oath, he should swear by Allah or otherwise keep quiet."

[Al-Bukhari and Muslim].

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "The Messenger of Allah, may Allah bless him and grant him peace, prayed towards the Baytal-Maqdis for sixteen months after arriving in Madina. Then the qibla was moved, two months before the battle of Badr. "

Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam decided that if someone made three pronouncements of divorce, he had divorced his wife irrevocably.

Malik said, "That is what I like best of what I have heard on the subject."

29.2 Divorce by Euphemistic Statements

Some reliable people testified before me, and among them was Umar ibn al-Khattab, and most reliable in my eyes was Umar: The Prophet of Allah (saws) said: There is no prayer after the dawn prayer until the sun rises; and there is no prayer after the 'Asr prayer until the sun sets.

Yahya related to me from Malik that Zurayq ibn Hakim informed him that he had a runaway slave who had stolen. He said, "The situation was obscure for me, so I wrote to Umar ibn Abd al-Aziz to ask him about it. He was the governor at that time. I informed him that I had heard that if a runaway slave stole while he was a fugitive, his hand was not cut off. 'Umar ibn Abd al-Aziz wrote to contradict my letter, 'You wrote to me that you have heard that when the runaway slave steals, his hand is not cut off. Allah, the Blessed, the Exalted, says in His Book, 'The thief, male and female, cut off the hands of both, as a recompense for what they have earned, and an exemplary punishment from Allah. Allah is Mighty, Wise.' (Sura 5 ayat 41) When his theft reaches a quarter of a dinar, and upwards, his hand is cut off.' "

Yahya related to me from Malik that he had heard that al- Qasim ibn Muhammad and Salim ibn Abdullah and Urwa ibn az-Zubayr said, "When a runaway slave steals something for which cutting off the hand is obliged, his hand is cut off."

Malik said, "The way of doing things amongst us about which there is no dispute is that when the runaway slave steals that for which cutting off the hand is obliged, his hand is cut off."

Ibn `Umar said, "I went to Hafsa while water was dribbling from her twined braids. I said, 'The condition of the people is as you see, and no authority has been given to me.' Hafsa said, (to me), 'Go to them, and as they (i.e. the people) are waiting for you, and I am afraid your absence from them will produce division amongst them.' " So Hafsa did not leave Ibn `Umar till we went to them. When the people differed. Muawiya addressed the people saying, "'If anybody wants to say anything in this matter of the Caliphate, he should show up and not conceal himself, for we are more rightful to be a Caliph than he and his father." On that, Habib bin Masalama said (to Ibn `Umar), "Why don't you reply to him (i.e. Muawiya)?" `Abdullah bin `Umar said, "I untied my garment that was going round my back and legs while I was sitting and was about to say, 'He who fought against you and against your father for the sake of Islam, is more rightful to be a Caliph,' but I was afraid that my statement might produce differences amongst the people and cause bloodshed, and my statement might be interpreted not as I intended. (So I kept quiet) remembering what Allah has prepared in the Gardens of Paradise (for those who are patient and prefer the Hereafter to this worldly life)." Habib said, "You did what kept you safe and secure (i.e. you were wise in doing so).

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr from Abd ar-Rahman ibn Abd al-Qari that he heard Umar ibn al- Khattab say, while he was teaching people the tashahhud from the mimbar, "Say, Greetings belong to Allah. Pure actions belong to Allah. Good words and prayers belong to Allah. Peace on you, Prophet, and the mercy of Allah and His blessings. Peace be upon us and on the slaves of Allah who are salihun. I testify that there is no god except Allah. And I testify that Muhammad is His slave and His messenger."

'At-tahiyatu lillah, az-zakiyatu lillah, at-tayibatu wa's-salawatu lillah. As-salamu alayka ayyuha'nnabiyyu wa rahmatu'llahi wa barakatuhu. As-salamu alayna wa ala ibadi'llahi s-salihin. Ash-hadu an la ilaha illa 'llah wa ash-hadu anna Muhammadan abduhu wa rasuluh."

"I said: 'O Messenger of Allah! We come across a people and they do not host us, and they do not give us our rights, and we do not take anything from them. So the Messenger of Allah (saws) said: 'If they refuse such that you can only take by force, then take.'"

[Abu 'Eisa said:] This Hadith is Hasan. It has been reported by Al-Laith bin Sa'd from Yazid bin Abi Habib as well.

This Hadith only means that they would go out for battles and they would pass a people among whom they would not find any food to buy for a price. So the Prophet (saws) told them: If they refuse to sell you, such that you have to take it forcefully, then take it. This is how the explanation has been related in some of the Ahadith. And it has been related that 'Umar bin Al-Khattab, may Allah be please with him, would order similarly.

"A sheep died so the Messenger of Allah (saws) said to its owners: 'Why dont you remove its skin, then tan it so you can have something useful from it."

[Abu 'Eisa said:] There are narrations on this topic from Salamah bin Al-Muhabbaq, Maimunah, and 'Aishah. The Hadith of Ibn 'Abbas is Hasan Sahih. Similar to this has been reported through other routes from Ibn 'Abbas from the Prophet (saws). And it has been related from Ibn 'Abbas from Maimunah, from the Prophet (saws), and, it has been related from him from Sawdah. I heard Muhammad saying the Hadith of Ibn 'Abbas from Maimunah from the Prophet (saws) were correct. And he said: "It implies that it was reported from Ibn 'Abbas from Maimunah from the Prophet (saws), and that Ibn 'Abbas reported it from the Prophet (saws), and he did not mention Maimunah in it."

[Abu 'Eisa said:] This is acted upon according to most of the people of knowledge, and it is the view of Sufyan At-Thawri, Ibn Al-Mubarak, Ash-Shafi'i, Ahmad, and Ishaq.

It was narrated from al Miswar bin Makhramah and `Abdur-Rahman bin Abdul-Qari that they heard Umar bin al Khattab say: I passed by Hisham bin Hakeem bin Hizam when he was reciting Sooratal-Furqan during the lifetime of the Messenger of Allah (ﷺ). I listened to his recitation and he was reciting in a way different from the way in which the Messenger of Allah (ﷺ) had taught me to recite it. I was about to interrupt him whilst he was praying, but I waited until he said the tasleem, and when he had said the tasleem,... and he narrated a similar report.

The Messenger of Allah (saws) came upon an emaciated camel and said: Fear Allah regarding these dumb animals. Ride them when they are in good condition and feed them when they are in good condition.

[Al-Bukhari and Muslim].

Yahya related to me from Malik that he had heard that Jabir ibn Abdullah al-Ansari was asked about wiping over a turban. He said, "Not unless you have wiped over your hair with water."

Yahya related to me from Malik from Nafi that Umar ibn al-Khattab used to order the rows to be straightened, and when they had come to him and told him that the rows were straight he would say the takbir.

When the earliest emigrants came to Al-`Usba [??] a place in Quba', before the arrival of the Prophet- Salim, the slave of Abu Hudhaifa, who knew the Qur'an more than the others used to lead them in prayer.

The Prophet said, "Whenever you see a funeral procession, stand up till the procession goes ahead of you." Al-Humaidi added, "Till the coffin leaves you behind or is put down."

I said: Messenger of Allah, I am a man who goes out hunting; may I pray in a single shirt? He replied: Yes, but fasten it even if it should be with a thorn.

Yahya related to me from Malik from Ibn Shihab from Haram ibn Sad ibn Muhayyisa that a female camel of al-Bara ibn Azib entered the garden of a man and it did some damage to it. The Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that the people of the garden were responsible for guarding it in the day, and the owner of the animals was liable for what the animals destroyed at night.

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and from Abu Salama ibn Abd ar-Rahman ibn Awf that the Messenger of Allah, may Allah bless him and grant him peace, decreed for partners the right of preemption in property which had not been divided up. When boundaries had been fixed between them, then there was no right of pre-emption.

`Ali said, "I will be the first to kneel before the Beneficent on the Day of Resurrection because of the dispute." Qais said; This Verse: 'These two opponents (believers and disbelievers dispute with each other about their Lord,' (22.19) was revealed in connection with those who came out for the Battle of Badr, i.e. `Ali, Hamza, 'Ubaida, Shaiba bin Rabi`a, `Utba bin Rabi`a and Al-Walid bin `Utba.

Yahya related to me from Malik from Ibn Shihab that Abd ar-Rahman ibn Kab ibn Malik al-Ansari told him that his father, Kab ibn Malik, used to relate that the Messenger of Allah, may Allah bless him and grant him peace, said, "The ruh of the mumin is a bird that sits in the trees of the Garden until Allah returns it to his body on the day He raises him ."

Malik related to me from Abdullah ibn al-Fadl from Nafi ibn Jubayr ibn Mutim from Abdullah ibn Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "A woman who has been previously married is more entitled to her person than her guardian, and a virgin must be asked for her consent for herself, and her consent is her silence "

The Prophet (saws) said: If a man sells (his) property and the man who buys it becomes insolvent, and the seller does not receive the price of the property he had sold, but finds his very property with him (i.e. the buyer), he is more entitled to it (than others). If the buyer dies, then the owner of the property is equal to the creditors.

Sa`d bin Abi Waqqas and `Abd bin Zam`a quarrelled with each other (regarding a child). The Prophet said, "The boy is for you, O `Abd bin Zam`a, for the boy is for (the owner) of the bed. O Sauda ! Screen yourself from the boy." The sub-narrator, Al-Laith added (that the Prophet also said), "And the stone is for the person who commits an illegal sexual intercourse."

Ibn `Umar said, "The Prophet fixed Qarn as the Miqat (for assuming the Ihram) for the people of Najd, and Al-Juhfa for the people of Sham, and Dhul-Hulaifa for the people of Medina." Ibn `Umar added, "I heard this from the Prophet, and I have been informed that the Prophet said, 'The Miqat for the Yemenites is Yalamlam.' "When Iraq was mentioned, he said, "At that time it was not a Muslim country."

Anas bin Malik said “The Apostle of Allaah(saws) entered Makkah in the year of the conquest (of Makkah) wearing a helmet on his head. When he took off it a man came to him and said “Ibn Akhtal is hanging with the curtains of the Ka’bah.” He said “Kill him”.

Abu Dawud said “The name of Ibn Akhtal is ‘Abd Allaah and Abu Barzat Al Aslami killed him.

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from Ibn Muhayriz that a man from the Kinana tribe called al-Mukhdaji heard a man in Syria known as Abu Muhammad saying, "The witr is obligatory (fard)." Al-Mukhdaji said, "I went to Ubada ibn as-Samit and presented myself to him as he was going to the mosque, and told him what Abu Muhammad had said. Ubada said that Abu Muhammad had lied and that he had heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Allah the Majestic and Mighty has written five prayers for mankind, and whoever does them and does not waste anything of them by making light of what is due to them, there is a pact for him with Allah that He will admit him into the Garden.Whoever does not do them, there is no pact for him with Allah. If He wishes, He punishes him, and if He wishes, He admits him into the Garden.' "

Allah's Apostle came to `Abdullah bin Ubai (a hypocrite) after his death and he has been laid in his pit (grave). He ordered (that he be taken out of the grave) and he was taken out. Then he placed him on his knees and threw some of his saliva on him and clothed him in his (the Prophet's) own shirt. Allah knows better (why he did so). `Abdullah bin Ubai had given his shirt to Al-Abbas to wear. Abu Harun said, "Allah's Apostle at that time had two shirts and the son of `Abdullah bin Ubai said to him, 'O Allah's Apostle! Clothe my father in your shirt which has been in contact with your skin.' ' Sufyan added, "Thus people think that the Prophet clothed `Abdullah bin Tubal in his shirt in lieu of what he (Abdullah) had done (for Al `Abbas, the Prophet's uncle.)"

Abu Dawud said: What is correct is that the tradition reported by Ibn ‘Umar does not go back to the Prophet (may peace beupon him). Abu Dawud said: The narrator Baqiyyah reported the first part of this tradition from ‘Ubaid Allah and traced it back to the Prophet (saws); and the narrator al-Thaqafi reported it from ‘Ubaid Allah as a statement of Ibn ‘Umar himself(not from the Porphet). In this version he said: When he stood at the end of two rak’ahs he raised them up to his breasts. And this is the correct version.

Abu Dawud said: This tradition has been transmitted as a statement of Ibn ‘Umar (and not of the Prophet) by al-Laith b. Sa’d, Malik, Ayyub, and Ibn Juraij; and this has been narrated as a statement of the Prophet (saws) by Hammad b. Salamah alone on the authority of Ayyub. Ayyub and Malik did not mention his raising of hands when he stood after two prostrations, but al-Laith mentioned it in his version. Ibn Juraij said in this version: I asked Nafi’: Did Ibn ‘Umar raise (his hands) higher for the first time? He said: No, I said: Point out to me. He then pointed to the breasts or lower than that.

(Ibn Ubayd said in the version of his tradition that his name was not Bashir, but (it was) the Messenger of Allah (saws) (who had) named him Bashir)

We said: (to the Messenger of Allah): The collectors of sadaqah collect more than is due; can we hide our property to that proportion? He replied: "No."

Abu Dawud said: This has also been transmited by Abu al-Walid from Sulaiman bin Kathir from Az-Zuhri.

When I came to the Prophet (saws) in his house, I saw him sitting reclining on a pillow. The narrator Ibn al-Jarrah added: "on his left side".

Abu Dawud said: Ishaq b. Mansur transmitted it from Isra'il, also mentioning the words "on his left side".